HITEK SOLAR NZ / HITEK SYSTEMS - Partner Commission Terms Agreement
PLEASE READ THIS AGREEMENT CAREFULLY as it governs the agreement between yourself (as one of our partners) and HITEK SOLAR NZ / HITEK SYSTEMS LTD for the commission terms when a system referral is passed over to us for one of your clients who is interested in proceeding with one of our systems.
Firstly please note in addition to this document here, you are also bound by ALL standard terms and conditions for Hitek Solar NZ / Hitek Systems Ltd, which can be found here: www.hiteksolar.co.nz/pages/terms-conditions
This separate add on Partner Commission Terms document outlines the extra terms & conditions for any commission payable for client referrals (to our partners).
For the rest of this document Hitek Solar NZ / Hitek Systems Ltd will be referred to as Hitek and the partner who passes the lead and is signed up to receive a commission for such will be referred to as Partner.
If you are an approved Hitek Partner and you want to pass Hitek a lead then this must be done via email (so there is a record), and it must include the clients full name (and company / trust name if relevant) plus the clients address & contact phone number (landline + cell + email if possible).
Hitek will email back to advise we have received your request to get in touch with the client and we will email you back to advise once we've been in contact with them (via phone, email or in person).
Hitek will then discuss the clients needs + options available to meet the customers requirements and then will offer to quote the client a system that meets their needs.
If the client is wanting to proceed with the system (as per the quote) then Hitek will request a fixed price quote for the installation from the partner who gave the referral (assuming the partner also wants to be involved in the installation). The partner must stick to the fixed price quote, and if ANY additional charges are trying to be claimed or charged then Hitek must be advised PRIOR and the client must be advised PRIOR and both Hitek + the customer must give their consent that they agree to these extra charges, otherwise NO additional charges can be added.
It is your responsibility to ensure that your staff members are aware of their obligations under the terms of this agreement and that they also stick to these terms. Ignorance of them not having read or being aware of these terms is no excuse and in turn these terms still apply.
Hitek reserves the right to pay the 3% (Inc GST) commission to the referring partner ONLY after the system has been 100% deployed and is fully functional at the clients site. No payment will be made until the system deployment is fully completed and the system is fully functional at the clients site. If the client does NOT proceed with the job, or the job is never fully deployed or fully completed (for any reason) then the commission will not be paid to the referring party.
If Hitek needs to go onsite themselves (or send a person, technician, electrical or contractor onsite) to fix, sort or resolve anything that was not done correctly at time of installation or initial deployment then these charges will be take OFF the commission that will be paid to the referring partner.
If there are any delays at the clients end that may delay the last part of a job being finished, and the job is 95% (or more) completed, then Hitek may (at its discretion offer to make a partial or full commission payment to the referring partner).
If the referring partner is also the installer and they have a falling out with the client and is unable to get the installation completed correctly then it is the responsibility of the partner to arrange another approved installer to go onsite (at their cost) to finish the job. If Hitek needs to arrange someone else to go onsite then this cost will be passed onto the installer or take off the commission.
It must be noted that a partner passing a referral (and also one completing a contracted installation) must be respectful of Hitek's process, of the quality of Hitek's systems and of our reputation and must not say anything to undermine our reputation otherwise this may be grounds for termination of the partnership agreement.
The client must sign off (on site in person or via email to Hitek) that the system has been installed to their satisfaction and that it is running correctly, in order for the commission to be eligible to be paid.
Note: By a partner passing Hitek a referral then this is agreeance and acceptance of their Partner Referral Terms set out here in this document. Any changes that a partner wants to this contract need to be clearly listed (and agreed upon by Hitek) in writing before the referral for that job opportunity is given.
If the client requested in writing a refund of the system then any partner referral commission would be eligible to be claimed back (requested back by Hitek) up to 1 year after the commission payment was made. Eg if we had to refund the client then we can also ask that you refund the commission payment if the deal was unwound due to unforeseen circumstances or any technical difficulties onsite that meant the system couldn't be deployed completely as per what had originally been agreed between Hitek and the client.
Hitek reserves the right to terminate our partner agreement with any partner if we receive unhappy complaints from a client about that partner and the partner is not operating in a manner that is in line with Hiteks company ethics. Eg if a partner is found to be intentionally over-charging a customer (or adding un-approved extra fees or charges etc), or not following correct process then we reserve the right to terminate the agreement. Any company processes, systems, technology or company secrets that Hitek may share with a partner are not to be shared with any other people (without written consent firstly from Hitek) otherwise this is also grounds for termination of the agreement. Eg if you were sharing our company technology information with other companies etc (without firstly having our written permission).
The partner agrees that if an agreement is terminated then they no longer are permitted to use any Hitek material, advertising, marketing, or information obtained or supplied by Hitek in any way. If the partner carries on doing such then legal action may be faced.
Any financial costs that may be incurred for Hitek to fix, repair or remedy a situation caused by a partner will directly come off any commission payable (or paid), and if these costs exceed the commission amount then the partner may receive an invoice to pay from Hitek which the partner will pay under this agreement. The hourly rate for remedy by Hitek (if we have to get involved ourselves, eg going onsite to sort something) will be at a discounted rate of $120 + GST per hour (including travel time to and from our office location onsite and back).
Hitek will not be held responsible to any direct or indirect losses a partner may incur from anything that is mentioned as being part of this agreement.
Hitek also reserves the rights to amend partner commission terms in the future as our number of partners grows in numbers to help ensure the client is always protected and to ensure they always get a system that works correctly at time of deployment being completed (as per what they've paid for).