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Tradify Partner Program (Partnerstack) - Terms & Conditions

Tradify Partner Programme – Terms and Conditions (PartnerStack)

  1. Contractual Relationship

1.1. Programme: The Programme is only open to Affiliates, Agency Partners, Publishers, and Referral Partners operating in Australia, New Zealand, the United Kingdom, the United States, Canada and Ireland.

1.2. Agreement to Terms: By participating in the Programme, you agree to be bound by these terms and conditions (Terms). These Terms are in addition to the Access Group and Tradify's Terms of Service which can be found here:
 Access T&Cs and Tradify Product Specific Terms

1.3. Amendments: We reserve the right to update these Terms at any time. We will provide at least 30 days' notice of any update to these Terms and such notice will be posted on the PartnerStack Portal, and where any material changes are made, we will notify each Partner by email. If you do not agree to the updates, you must stop participating in the Programme before the updated Terms become effective. Continued participation in the Programme after any update will mean that you have agreed to the update.

  1. Definitions

“Client” means a client of the Partner that is a Trade Business.

“Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing” and “appropriate technical and organisational measures” as defined in the Data Protection Legislation.

“UK/EU Data Protection Legislation”
a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of Personal Data.
b) To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the Customer or Provider is subject, which relates to the protection of Personal Data.

“EU GDPR” the General Data Protection Regulation ((EU) 2016/679).

“EU Law” the law of the European Union or any member state of the European Union.

“Free Trial Account” means a free trial Tradify account opened by a prospective customer. For the avoidance of doubt, referrals under this Programme are tracked and managed through the PartnerStack portal, and the creation of a Free Trial Account by itself does not qualify as a referral unless submitted via PartnerStack.

“Programme” means the Tradify “Partner Referral Programme”, details of which are set out in these Terms.

“Partner” means Affiliates, Agency Partners, Publishers, and Referral Partners who have signed up, and been accepted, to the Partner Programme.

“Partner Trial Account” means a trial Tradify account that you sign up to as part of the application process to be a Partner.

“Partner Portal” means the Partnerstack Platform that allows you to refer and manage your clients’ Tradify accounts centrally.

“PartnerStack” means the third-party partner management platform operated by GrowSumo Inc., through which referrals are submitted, tracked, and managed, and Referral Rewards are paid.

“PartnerStack portal” means the interface within PartnerStack made available to you for participation in the Programme.

“Partner Portal” means the PartnerStack portal (as defined above). Any reference to the Partner Portal in these Terms shall be read as a reference to the PartnerStack portal.

“Permitted Intra-Group Transfer” A transfer of Personal Data to any global Tradify group company.

“Platform” means our website at www.tradifyhq.com or any other address used by us from time to time and the Tradify applications.

“Trade Business” means a business in either the building and construction sector, construction services sector and includes electricians, plumbers, HVAC, landscapers, carpenters and other trade businesses.

“Tradify” means Tradify Limited and all current and future global subsidiaries of Tradify Limited. “We”, “us” or “our” have a corresponding meaning.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

“You” means the person who registers to be a Partner and participates in the Programme, and, where the context permits, includes any entity on whose behalf that person registers to be a Partner and participates in the Programme, and any person or organisation that registers to be a Partner and participates in the Programme with the authorisation of that person or entity. “your” has a corresponding meaning.

  1. Becoming a Partner

3.1. Process to becoming a Partner: Prior to being accepted into the Programme, you must register to join through the PartnerStack Partner Portal. Following registration, your application will be reviewed, and once approved you will gain access to the PartnerStack dashboard. Your participation in the Programme will be confirmed upon approval of your application.

3.2. Reservation of rights: We reserve the right to accept or decline any organisation or individual as a Partner regardless of whether the partnership prerequisites have been met.

3.3 Lead Submission: By submitting a lead, the Partner warrants that it has obtained the necessary consent and authority from the prospective customer to share their details with Tradify for the purpose of participation in this Programme.

  1. Programme

4.1. Partner benefits: Once you have been accepted to, and as long as you remain part of, the Programme, you will receive:

  1. a) A complimentary Tradify demo account, designed so that you can familiarise yourself and your Clients with the features and functionality of the Platform;
  2. b) Full access to the PartnerStack portal for managing referrals, tracking performance, and receiving payments;
  3. c) The ability to submit referrals directly through PartnerStack (rather than manually creating Free Trial Accounts);
  4. d) A partner discount code, which you can provide to your Clients to enable them to receive a 50% discount off their Tradify subscription for their first 3 months;
  5. e) Free training and set-up assistance for each of your Clients who sign up to Tradify;
  6. f) One free user access for you to access each of your Clients’ Tradify accounts;
  7. g) Referral Rewards (where applicable), tracked and paid through PartnerStack; and
  8. h) Access to Partner-only information via PartnerStack and/or Tradify, including training materials, videos, reports, and updates as they become available from time to time.

5. How Partners earn Referral Rewards

5.1. Referral Rewards: Partners will be eligible to earn Referral Rewards for Valid Referrals. The structure and amount of Referral Rewards will be as specified in the PartnerStack dashboard or other programme materials provided by us. We reserve the right to determine the currency in which Referral Rewards are paid. All Referral Rewards are tracked, processed, and paid through PartnerStack.

5.2. How to earn Referral Rewards: To qualify for Referral Rewards, you must submit a referral through PartnerStack and the referred client must purchase a paid Tradify subscription (a “Valid Referral”). You will be eligible to receive a Referral Reward for each Valid Referral.

5.2A. Existing Customers: Referral Rewards will not be payable for referrals of leads that are already recorded in Tradify’s CRM or that have an existing subscription at the time of referral.

5.3. Statements and Tracking: Referral activity, including the number of Valid Referrals and the total amount of Referral Rewards earned, will be displayed and updated within your PartnerStack account. This serves as your monthly statement of activity.

5.4. Invoicing and Payment: All invoicing and payments are managed through PartnerStack. Payments will be made in accordance with PartnerStack’s payment schedule and processes, typically within thirty (30) days of the end of the month in which the Referral Reward was earned, provided all requirements of these Terms are met.

5.5. Customer Retention: Referral Rewards will only be paid where the referred customer remains an active, paying subscriber for a minimum of sixty (60) days following account activation. If the customer cancels before this period, no Referral Reward will be payable.

5.5A. Cancellations: If Referral Rewards are structured as revenue share over multiple months, Tradify reserves the right to withhold or claw back commissions if the customer cancels within sixty (60) days of activation, or as otherwise specified in programme materials available in PartnerStack.

5.6. Non-Valid Referrals: Referrals that do not result in a new paid subscription through PartnerStack will not qualify for Referral Rewards. Referral Rewards are only awarded for referred customers who purchase and maintain a paid Tradify subscription. Any referrals made in breach of these Terms will be deemed invalid and may be cancelled.

5.7. Fees and Taxes on Referral Rewards: You are responsible for all taxes, duties, and fees associated with Referral Rewards wherever levied. This responsibility includes the application of any withholding tax, unless we or PartnerStack process such withholding tax on your behalf. You must provide accurate location and tax information in PartnerStack for residency and tax compliance purposes.

6. UK/EU Data Protection

6.1. Both parties will comply with all applicable requirements of the UK/EU Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the UK/EU Data Protection Legislation.

6.2. The parties acknowledge that for the purposes of UK/EU Data Protection Legislation, Tradify (and its third-party service providers, including PartnerStack) act as Controllers of Personal Data. The Partner’s role is limited to submitting referral information via PartnerStack with the prior consent of the referred individual or organisation.

6.3. The parties acknowledge that clauses 6.4 to 6.7 shall apply to Personal Data which is subject to regulation under the UK/EU Data Protection Legislation.

6.4. The Partner is responsible for ensuring that it has all necessary consents and notices in place to enable the lawful sharing of Personal Data with Tradify via PartnerStack.

6.5. Without prejudice to the generality of 6.1, Tradify (through PartnerStack) will:
(a) Process Personal Data only in accordance with applicable law and for the purposes of administering the Programme;
(b) Implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss, destruction, or damage;
(c) Ensure that personnel with access to Personal Data are subject to confidentiality obligations; and
(d) Ensure that Personal Data is not transferred outside the UK or EEA except in compliance with UK/EU Data Protection Legislation.

6.6. Partners are not authorised to appoint third-party processors of Personal Data under this Agreement.

6.7. Either party may, on not less than thirty (30) days’ notice, revise this clause 6 by replacing it with any applicable standard contractual clauses or equivalent terms adopted under the UK/EU Data Protection Legislation or forming part of an applicable certification scheme, which shall apply when attached to this Agreement.

  1. Limitation of Liability

7.1. Limitation of Liability: To the maximum extent permitted by law, our liability to you in connection with the Programme or these Terms, whether in contract, tort (including negligence) or otherwise, is limited as follows:
a) We will only be liable for direct loss caused by us and suffered by you as a result of your participation in this Programme in compliance with these Terms; and
b) We exclude all other liability and accept no responsibility for any other losses, costs, damages or expenses of any sort whatsoever (regardless of whether liability arises in contract, tort (including negligence), equity or by statute or other legislation), including loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense; and
c) For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups; and
d) Our total aggregate liability to you in any circumstances is limited to the Referral Rewards due to you in accordance with these Terms plus USD $200 (or equivalent in local currency).

7.2. Viruses: We have made reasonable efforts to ensure our Platform and the PartnerStack portal are free from viruses, bugs or other destructive elements. However, as we have no control over the internet or mobile communications, networks or lines, bugs, viruses and server problems, we do not warrant or represent that such elements will not occur on our Platform or the PartnerStack portal, or that access will be uninterrupted.

7.3. Force Majeure: Neither party (Affected Party) will be in default or in breach of these Terms due to any matter that is outside of its reasonable control, including any act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo, the failure or unavailability of third-party platforms (including PartnerStack), excluding lack of funds or authority or power on the part of the Affected Party.

8. Compliance and General

8.1. Compliance: In performing its obligations under this Agreement, the Partner shall:
a) comply with all applicable laws, statutes, and regulations governing marketing and referral activities;
b) comply with all applicable laws, statutes, and regulations relating to anti-bribery and anti-corruption; and
c) comply with Tradify’s policies as notified to the Partner from time to time.

Failure to comply with this clause 8.1 may result in the immediate termination of this Agreement.

8.2. Programme Changes: We reserve the right to change, suspend, or terminate the Programme, in whole or in part, including a Partner’s ability to participate or receive Referral Rewards, at any time for any reason, including suspected fraud, abuse, or violation of these Terms. Where reasonably practicable, we will provide at least thirty (30) days’ notice of any such decision. Notice will be communicated through PartnerStack and, where appropriate, by email.

8.3. Referrals: Referrals submitted through PartnerStack are deemed to be received at the time they are recorded in PartnerStack’s systems. Our records are final and conclusive as to the time of receipt.

8.4. Inconsistency: To the extent of any inconsistency between these Terms and any information in Programme communications or marketing materials, these Terms shall prevail.

8.5. Relationship Between the Parties: Nothing in these Terms creates or shall be deemed to create any partnership, joint venture, agency, employment, or fiduciary relationship between the parties. The Partner is an independent contractor and shall not hold itself out as an employee, agent, or authorised representative of Tradify.

8.6. Eligibility: Entities or individuals affiliated with Tradify employees, officers, or contractors, or their immediate families, are not eligible to participate in the Programme.

8.7. Severability: If any provision or part-provision of these Terms is or becomes void, illegal, or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision will be severed and deemed deleted, without affecting the validity, legality, or enforceability of the remaining provisions.

8.8. Governing Law and Jurisdiction: These Terms are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms. Unless Tradify agrees otherwise, any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Arbitrators’ and Mediators’ Institute of New Zealand then in force.

 

SCHEDULE 1 - PROCESSING, PERSONAL DATA AND DATA SUBJECTS

  1. Processing by Tradify (via PartnerStack)


This Schedule sets out the scope, nature, and purpose of Personal Data processing under the Programme.

1.1. Scope

The scope of processing is limited to the collection and use of referral information submitted by Partners through PartnerStack, for the purposes of administering the Programme and onboarding referred clients. Partners are not authorised to process Personal Data beyond submitting referral information with appropriate consent.

1.2. Nature 

Collection, recording, transfer, storage, and use of Personal Data within PartnerStack and Tradify systems for the purposes of validating referrals, administering rewards, and supporting client onboarding.

1.3. Purpose of Processing

This processing activity enables:

  • Verification and acceptance of referrals,
  • Communication with referred clients,
  • Fulfilment of Referral Rewards, and
  • Provision of Tradify services to referred clients.

1.4. Duration of Processing

Personal Data will be processed for as long as necessary to administer the Programme, to comply with applicable legal obligations, or until the referred client is no longer a Tradify customer (whichever is longer).

  1. Types of Personal Data

Only the minimum Personal Data required to validate referrals and administer the Programme should be submitted by Partners. This may include:

  • Name
  • Business name
  • Contact details (email address, telephone number)
  • Geographic location (for eligibility and tax purposes)

Payment details (e.g. bank information) are collected and processed directly by PartnerStack for the purposes of distributing Referral Rewards.

  1. Categories of Data Subjects
  • Referred prospects and their representatives (i.e. potential customers of Tradify).
  • Partners (limited to information necessary for account administration and payment of Referral Rewards).