partner program
terms

As used in the partner program, and unless the context requires otherwise, “you” and “your” refer to “Partner” and “Partner’s” as that term is defined in your Partner Agreement, and “Partner Program” or “program” means your Partner Agreement and this Partner Program Guide. Capitalised terms that are not defined in this document take the meaning provided for them in your Partner Agreement.

Notwithstanding any other provision herein, the benefits described in the Partner Program Guide are solely discretionary to CertifiedBy. At no time is CertifiedBy obligated to provide or maintain the benefits described. CertifiedBy reserves the right to modify or cancel available benefits, requirements to obtain such benefits, and this Partner Program at any time for any reason on 30 days’ written notice. This Partner Program Guide, inclusive of any benefit-specific program guides referenced herein, and the Partner Agreement (as defined in the “Partner Agreement” section) form the exclusive terms and conditions governing the subject matter contained herein. In the event of any conflict between the terms of any collateral or materials summarising any benefit of this Partner Program Guide and the terms of this Partner Program Guide, this Partner Program Guide shall prevail over such collateral or materials.

Program Dates

All requirements and benefits for the CertifiedBy Partner Program are effective as of 01 October 2020 and supersede any previously effective Program Guide. The effective dates of program participation and associated program benefits vary, depending on when you qualify for the program. 

Partner Application

CertifiedBy is dedicated to partner success and to the joint delivery of valued solutions to customers around the world. This joint success has been built on our partners’ investment in CertifiedBy, on our customer focus, and on our industry-leading Partner Programs.

To deliver premium results for our partners and customers, CertifiedBy provides an online application, risk assessment and due diligence (ARADD) process. For new partners, the ARADD process is integrated into the https://safeguardingyou.com/register portal, and is part of the evaluation and qualification of partners for CertifiedBy programs, before partners are onboarded. CertifiedBy also periodically screens its existing partners through the ARADD process. Partners who fail to pass the ARADD process or who do not complete requested mitigation actions will not be onboarded or will be terminated from the CertifiedBy Partner Program.

Performance Review

To confirm that you are operating at the appropriate Partner Program level, your CertifiedBy Partner Manager will conduct a performance review annually. Your partner level may be adjusted based on the findings of this review.

If you are inactive for 12 months, you will be demoted to the Registered Reseller level in the CertifiedBy Partner Program. If you are terminated from the program, you cannot apply for reentry into the CertifiedBy Partner Program for 12 months.

Discontinuing Partnership

You have the right to terminate your participation in the CertifiedBy Partner Program at any time by providing CertifiedBy with 30 days’ written notice. Immediately upon partner termination of participation:

• All rights and licenses of the partner terminate, and the partner shall immediately discontinue all representations that it is an authorised CertifiedBy partner.
• All outstanding program benefits that the partner or partner employee has not yet claimed from CertifiedBy are forfeited upon the written notice of termination.
• The partner shall immediately return to CertifiedBy all CertifiedBy confidential and proprietary information and data (including all copies thereof) that are then in the partner’s possession or custody or control, including, without limitation: (1) all technical materials and business plans supplied by CertifiedBy to the partner and (2) all manuals covering CertifiedBy products and services.

CertifiedBy Anti-Bribery and Anti-Corruption Policy

CertifiedBy’s policy is to conduct its business activities in compliance with all applicable anti-bribery and anti-corruption laws in countries where CertifiedBy conducts business, including the U.S. Foreign Corrupt Practices Act (FCPA). 

CertifiedBy employees or third parties (such as CertifiedBy partners) shall not give, offer, promise, authorise, or accept directly or indirectly anything of value in exchange for obtaining or retaining business or an improper advantage. This policy focuses on avoiding improper payments to non-U.S. Government Officials, but it also restricts improper payments in the course of commercial or private related business.

CertifiedBy and its employees can be held criminally liable for payments to third parties, such as

Distributors, Resellers, vendors, or other representatives, if the person knew or should have known that the payments will be used by the third party, in whole or in part, to make an improper payment to a non-U.S. Government Official, a U.S. Government Official, or a private person.

Consequently, CertifiedBy’s partners must comply with all applicable anti-bribery and anti corruption laws and with their obligations as stated in the underlying Partner Agreement between CertifiedBy and the partner. Therefore:

• Nothing of value (including, but not limited to, gifts, entertainment, or travel) should be offered or provided to third parties, such as actual or prospective customers or others, that is related to any transaction involving CertifiedBy and that is intended to encourage a person to perform his or her functions improperly or to reward the person for having done so.
• With respect to the public sector, nothing of value (including, but not limited to, gifts, entertainment, and travel) should be offered or provided to Government Officials (including those employed at any level by state-owned enterprises and corporations) without prior approval from CertifiedBy’s Integrity & Compliance Office. Use the following email address to submit your request: [email protected].

View the CertifiedBy Anti-Bribery and Anti-Corruption Policy.

Providing Business Courtesies

CertifiedBy employees and third parties, such as partners, are permitted to provide gifts, entertainment, meals, travel, and other expenses associated with business-related events, such as training or account planning (collectively called business courtesies), provided that they meet all the following guidelines:

• They must be actually incurred by and directly related to a legitimate business purpose, namely: (1) the promotion, demonstration, or explanation of CertifiedBy products and services; or (2) the execution or performance of a contract; or (3) the furtherance of general goodwill.
• They must be consistent with applicable law.
• They must be consistent with CertifiedBy’s policies and procedures, including CertifiedBy’s gift and entertainment limits, as explained in the CertifiedBy Gifts & Entertainment Policy.
• If intended for a Government Official, they must have been pre-approved by the CertifiedBy Integrity & Compliance Office.
• They must not be a result of any solicitation.
• They must be consistent with CertifiedBy’s commitment to diversity and mutual respect and must be appropriate for the occasion and the seniority level of the recipient.
• They must not reflect adversely on CertifiedBy if publicly disclosed, must not be associated with any sexually oriented entertainment such as adult entertainment establishments, and must not be associated with entertainment involving gambling.
• They must be infrequent, modest, and consistent with local business customs and practices.
• They must not cause the recipient to violate his or her own employer’s ethical standards.
• Cash, or cash equivalents, should never be given.
• They must be documented with receipts and properly accounted for in CertifiedBy’s and/or the third party’s books and records.

Global Trade Compliance

CertifiedBy products and services are subject to export control laws and regulations of Australia and other countries and may include export-controlled technologies such as encryption. You and your end customers must comply with these laws and regulations.

Selling to Customers in the U.S. Public Sector

In addition to the standard CertifiedBy Partner Agreement, Commercial Partners who want to do business in the U.S. Public Sector (USPS) must have the appropriate federal and state, local, and education (SLED) addendums in place. With these addendums, you can sell to or through agencies, entities, and government subcontractors.

Definitions

U.S. Federal Government Customer. An executive, legislative, or judicial branch of the United States Government; a U.S. Government corporation that was specifically formed and is currently existing under an act of Congress; or any government-owned contractor operated (“GOCO”) facilities and establishments. 

U.S. State and Local Government Customer. Any executive, legislative or judicial branch of any State, Municipal, County, Regional or Territorial Government entity within the United States of America and its territories or dependencies, including, but not limited to: (a) any department, agency, bureau, office, board, district, commission, council, committee, center, service, facility or state-chartered institution; (b) any State, Municipal, County, Regional or Territorial public university or community college or other public non-Federal institution of higher learning and all directly-associated museums, facilities, libraries and hospitals thereof; (c) any governmental or public-private corporation, fund, partnership or conservancy formed with a public purpose or in support of government employees under an act, regulation or ordinance of any State, Municipal, County, Regional or Territorial Government within the United States of America and its territories or dependencies; (d) any Native American Tribal governmental organization not engaged directly in Class III gaming as defined by the Indian Gaming Regulatory Act; and (e) any State, Municipal, County, Regional or Territorial Government-owned contractor-operated (hereinafter “SLED GOCO”) facilities and establishments.

Privacy and Personal Information

Personal information is any piece of information that can be used, either directly or indirectly, to identify an individual, or is related to an identified individual. It can be one data element, such as a name or account number, or a set of data elements strung together to identify a person, such as an employee ID, email address, and laptop serial number. 

CertifiedBy is committed to protecting the personal information of its employees, partners, customers, and other individuals and has adopted policies designed to safeguard personal information from unauthorised use or disclosure. Personal information, which Partner communicates to CertifiedBy in performance of the Agreement, will not be freely used by CertifiedBy or transferred to third parties except in accordance with CertifiedBy’s Privacy Policy.

Partner may only collect, use or access personal information from CertifiedBy in accordance with CertifiedBy policies and in compliance with applicable privacy and data protection laws, including obtaining all consents or authorizations necessary under applicable law to communicate personal information to CertifiedBy or any other third party. Partner should protect CertifiedBy personal information; prevent unauthorized access, use, or transfer of this information, and access it only as necessary for the performance of the Agreement; and notify the information owner or CertifiedBy of any known or suspected data security breaches or unauthorized access to personal information.