The technical issues impacting access have been resolved and the system is now fully operational.
We apologise for any inconvenience.
Due to a general Telstra outage impacting our hosting provider, MYP is currently unavailable.
We apologise for any inconvenience.
We are working with our hosting provider to resolve the issue and provide access as soon as possible.
Due to a technical issue being experienced by our hosting provider, MYP is currently unavailable.
We apologise for any inconvenience.
We are working with our hosting provider to resolve the issue and provide access as soon as possible.
Single integration $450
Two integrations $800
Three integrations $1,100
Four integrations $1,300
* +GST if applicable
Tamar is a highly experienced educator with a background in Adult and Child learning and coaching.
She is responsible for driving an innovative learning and development program for MYP Subscribers that meets their learning needs using the latest learning techniques and technology.
Tamar delivers face-to-face and online Certified Training to MYP Subscribers to ensure effective use and implementation of their business systems. She is also responsible for managing the MYP Certified Trainer program.
Tamar holds a Bachelor of Arts, Graduate Diploma in Education, Cert IV in Training & Assessment and Cert IV in Career Development.
Ben is responsible for identifying and introducing the MYP solutions to relevant markets, working directly with prospective Subscribers and driving the MYP Partner Program.
With responsibility for the MYP channel to market, a key focus of Ben’s role is to work closely with existing Partners and Education Partners to introduce MYP to their clients and contacts.
Ben holds a Bachelor of Laws, Bachelor of Legal and Justice Studies, Graduate Diploma of Information Technology and is currently completing a Diploma of Management.
Roonie is a passionate marketing and design professional with experience in events, brand management, design, website development and account management.
Roonie works directly with MYP clients on website, design and integration as well as supporting MYP’s corporate marketing, branding, communication and public relations strategies.
Roonie is a true high achiever with a Bachelor of Business, Bachelor of Fine Arts along with achievements in Speech and Drama, art and languages.
Sam leads and mentors MYP’s technical team of software engineers who are responsible for the development and enhancement of MYP’s range of modules.
Sam is a long-term member of the MYP team and has extensive knowledge of the MYP platform.
The key focus of Sam’s team is ensuring MYP continues to provide a seamless user experience, utilises the latest technology and evolves with our Subscriber’s needs.
Sam has a Bachelor of Information Technology (Software Engineering).
Harold is a recognised leader in the accounting and advisory channel after 20 years inside the biggest technology companies in Australia, creating sales strategies and leading teams focused on success. He is a proven performer and multi-award winner in communications, revenue growth and management.
With a Bachelor of Arts (double major in journalism and government), a Graduate Diploma in Applied Finance + Investment, and as a member of the Australian Institute of Company Directors, Harold has a deep understanding of business and sales processes, along with the art of asking the right questions.
Jenny has a strong background in operations, human resources, education, training and development, assessment and professional services. Jenny is responsible for the day-to-day operations and business systems of MYP Corporation and the engagement of the education sector with MYP.
Jenny has a Bachelor of Arts, Bachelor of Education and Master of Education (Guidance and Counselling).
Steven has a significant executive background with numerous CEO and management roles in large accounting, legal, financial services and consulting organisations prior to founding MYP. A regular contributor at conferences and in the media, Steven has worked extensively with the SME sector.
His passion is in aligning the relationship and objectives of clients and their advisers to deliver genuine and sustainable value for both. Steven’s premise is that if you are doing what most of your industry or competitors are doing, you are already in decline.
With a Bachelor of Education, Master of Business Administration and a Graduate Diploma in Applied Finance & Investment, Steven heads an innovative team, supported by strong corporate experience and a solid conceptual framework.
PLEASE READ THE TERMS AND CONDITIONS OF THIS MYP CERTIFIED PARTNER AGREEMENT CAREFULLY. BY AGREEING TO THE TERMS OF THIS AGREEMENT,
YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AS FROM THE DATE YOU SUBMIT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT PROCEED.
These are the standard Terms & Conditions which apply to MYP Certified Partners (You and Your) introducing Subscribers to the Subscription
Service owned by myYardstick Holdings Pty Ltd (MYH, We, Us and Our) and distributed by Our Licensee MYP Corporation Pty Ltd (MYPCorp).
This Agreement applies in addition to and does not derogate from other terms and conditions that expressly apply to use of the Subscription
Service, or any other products or services supplied from, on or by MYH, MYPCorp or the Website.
GRANT OF RIGHTS
We grant to You the non-exclusive right from the date of Your acceptance of this Agreement until it is validly terminated to introduce
or resell the Products to Subscribers as permitted by this Agreement.
CERTIFIED PARTNER STATUS
As an MYP Certified Partner, you agree to be allocated the status of either MYP Partner or MYP Platinum Partner. Your obligations and
rights as an MYP Partner or MYP Platinum Partner are as specified in this Agreement and Schedule. You agree that We have the right to
vary your Status from MYP Platinum Partner to MYP Partner at any time at Our discretion when you fail to meet the Requirements and/or
Sales Targets of the MYP Platinum Partner status as specified in this Agreement and Schedule.
AUTHORITY OF CERTIFIED PARTNER
Relationship
This Agreement establishes a relationship which is solely that of supplier and reseller of the Products and does not imply a relationship
of partnership or joint venture agency or any relationship which would enable You to bind Us.
Authorised Representations
You may not make any representation regarding the Products to Subscribers which is not set out in Our published specifications
and material with respect to the Products and the Documentation. Any contract put forward by You in connection with the Products
shall be between the Subscriber and Us, unless otherwise agreed in writing.
Subscriber Support
We will provide user support to Subscribers and Users who have completed relevant Certified Product Training with Us.
Where a user experiences a technical fault, MYPCorp will provide support through the online MYP Support module.
OBLIGATIONS OF CERTIFIED PARTNER
Marketing and Promotion of Products
You shall at Your own cost and expense use all commercial endeavours to promote and market the Products, seek orders for the
Products, and carry out the other duties specified in this Agreement using all due care and in accordance with sound commercial
principles and shall obey all Our instructions in relation to the intended use of the Products.
You shall indemnify Us and keep Us indemnified against any and all loss, fees and costs incurred by Your breach
of this Agreement by You including:
any act or neglect or default by Your agents, employees or contractors;
breaches resulting in any successful claim by any third party alleging libel or slander in respect
of any claim in any approved documentation or any other matters arising from the resale of the Products
PROVIDED THAT such liability has not been incurred by Us through any default on Our part in carrying out
the terms of this Agreement.
You shall pay all expenses of and incidental to performing Your obligations under this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Key terms
Neither this Agreement nor any licence or sub-licence granted hereunder shall be construed to convey or transfer
any ownership or proprietary interest in any Intellectual Property Rights in the Products, Documentation or the Marks
to You or any third party.
Except to the extent that We cannot prohibit such acts by law, You agree not to translate, adapt, vary, modify, disassemble,
decompile or reverse engineer the Products and/or Documentation or create derivative works of the same for any purpose
(including error correction or any other type of maintenance) without Our prior written consent.
You undertake:
not to cause or permit anything which may damage or endanger Our Intellectual Property Rights or Our
title to them or assist or allow others to do so;
not to cause or permit anything which may damage or endanger Our Intellectual Property;
to notify Us of any actual, threatened or suspected infringement of Our Intellectual Property Rights;
to notify Us of any claim by any third party that the Products infringe any Intellectual Property Rights of any third party;
to take such reasonable action as We may direct at Our expense in relation to such infringement claim;
to affix such notices and warnings to the Products or their packaging or advertising as We shall require.
MYP acknowledges that where a Subscriber and/or a Partner contracts MYP to design, develop, create or construct a Business System or Business Systems, title in the contracted Business System or Business Systems, excluding MYP’s proprietary framework and the data that is associated with the contracted Business System or Business Systems, is transferred to the Business System Owner who contracted the Business System on the commercial terms specified in the contract and this Agreement until:
termination of the Subscriber’s subscription; or
lapse of the Subscriber’s subscription; or
lapse or termination of their status as an MYP Partner.
In the event of either termination or lapse of the Subscriber’s subscription or MYP Partner Status, all right, title or interest in Your Business System or Business Systems transfers to MYH, unless agreed in writing by MYH or MYPCorp to the contrary;
You acknowledge that where You have agreed that Your Business System will be offered for Sale or Subscription in Our Marketplace to Our current or future Subscribers, Your Business System cannot be withdrawn from Our Marketplace for Sale or Subscription at any time without Our written agreement.
License
We grant to You a limited license to use the Intellectual Property Rights for the purposes of this Agreement but subject to the
following restrictions:
the license will be non-exclusive;
You shall not have the right to appoint any sub-licensee; and
You shall have no right to use the Intellectual Property Rights for any purpose other than as is expressly permitted by
this Agreement.
Introductions
We grant to You a right to introduce other Certified Partners to Us. Where You introduce other Certified Partners to Us and the Introduced
Certified Partner enters into this agreement with Us and the Introduced Certified Partner introduces Subscribers to Us, You will receive the
Remuneration from these Subscriptions as specified in the Schedule in this Agreement.
Assignment
You hereby assign all Rights, title and interest absolutely both now and in the future to any Improvements and goodwill
to Us and in doing so agree to execute all documents and do all things necessary including making full disclosure to assure
this assignment.
Third Party Claims
We shall defend, at Our expense, any claim (the ‘Claim’), brought against You alleging that any Product and/or Documentation
as acquired under this Agreement infringes an Intellectual Property Right of a third party. We shall pay all costs and
damages awarded or agreed to in settlement of a Claim PROVIDED THAT You furnish Us with prompt written Notice of the
Claim and provide Us with reasonable assistance and sole authority to defend or settle the Claim.
PRICES AND CHARGES
Prices
You shall resell the Products as directed by Us and in accordance with Our pricing policy which may be varied from time to time by Us.
Remuneration
We shall pay Your Remuneration in the manner specified in the Schedule in this Agreement from all completed Product sales by You.
WARRANTIES
We warrant that the Products shall function in accordance with their specifications as published from time to time by Us
in the Documentation.
We make no representation or warranty, express or implied, by way of example, of merchantability or fitness for any particular
purpose. We shall not be held to any liability with respect to any claim by You or a third party on account of or arising from
the use of the Products.
We shall not be liable to the Certified Partner or any other party for any loss, damage, or injury that results from the use
or application by You, a Subscriber, or any other party, of Products delivered to You. In no event shall We be liable to You
or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions,
or any agreement into which they are incorporated, or any performance or non-performance under these terms and conditions by Us,
Our employees, agents or subcontractors, in excess of the net purchase price of the Products or services actually delivered to and
paid for by You. In no event shall We be liable to You or any other party for indirect, special or consequential damages, including,
but not limited to loss of goodwill, loss of anticipated profits, or other economic loss arising out of or in connection with Our
breach of, or failure to perform in accordance with any of these terms and conditions, or the furnishing, installation, servicing,
use or performance of any Products or information We shall provide hereunder, even if notification has been given as to the
possibility of such damages. You hereby expressly waive any and all claims for such damages.
TERMINATION
By Us
We may terminate this Agreement by Notice if You:
fail to have Subscribers enter into a direct arrangement with Us pursuant to Our Products License terms
and conditions; or
fail to pay all prices, charges and fees direct to Us when and as they are due where You have a direct arrangement
with Subscribers and are purchasing Our Products and Services on behalf of the Subscriber; or
fail to fulfil any Obligation hereunder despite Notice to You to fulfil such Obligation within fourteen (14) days of Notice; or
the making or filing of an application to wind You up (otherwise than for the purpose of reconstruction
or amalgamation) under any law or government regulation relating to bankruptcy or insolvency;
the appointment of a receiver, agent or manager for all or substantially all of Your property;
the making by You of an assignment, arrangement or composition whether formal or informal for the benefit of Your creditors;
the institution by You of any proceedings for the liquidation or winding up of Your business;
Your staff or representatives fail to implement lawful policies, procedures, systems or processes in relation
to the training or coaching of Subscribers as specified by Us; or
fail to attend or participate in Certified Partner meetings with Us as specified by Us.
Consequences
If We terminate this Agreement in accordance with clause 8.1, You shall:
immediately return all Products, all Documents, promotional material brochures and other tangibles supplied Us to You and
in Your possession;
within one (1) week of the effective date of termination or expiration of this Agreement, deliver, transfer
and return to Us all copies and stocks of all forms, stationery, business cards, advertising material and other
printed matter within Your possession, power, custody or control, which bear Our trademarks;
within one (1) week of the effective date of termination or expiration of this Agreement, delete all references, logos,
information, images related to Us from Your website, emails and all other electronic formats associated with You and
other electronic matter within Your possession, power, custody or control, which bear Our trademarks;
immediately cease to use the Intellectual Property Rights and Confidential Information; and
not hold Yourself out as having any Rights whatsoever in relation to the Products, the Intellectual
Property Rights or any association with Us.
In addition, in the event that this agreement is terminated, where You have a direct arrangement with Subscribers, these Subscribers
will have their arrangement for use of the Product and Services transferred immediately to Us.
CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
You shall treat as confidential and not disclose to any third party or use on Your behalf any of Our Confidential Information which You
may obtain under this Agreement, except that You may use such information to the extent necessary for the performance of this Agreement.
FORCE MAJEURE
If a party is prevented, hindered or delayed from performing its Obligations under this Agreement (other than an Obligation to pay money)
by an Event of Force Majeure, and that party notifies the other of the event, then as long as that situation continues, that party shall
be excused from performance of the Obligation to the extent it is so prevented, hindered or delayed, and the time for performance of
the Obligation shall be extended accordingly, but time shall continue to remain of the essence.
RETENTION OF TITLE
All Products, tools, collateral, systems, methodologies etc supplied by Us to You under the terms of this Agreement shall remain Our
sole and absolute property both in law and in equity until You shall have paid the agreed price and, during that time, You acknowledge
that You are bailee of the Products for Us PROVIDED THAT no title shall pass in respect of software which is licensed only and any implied
or actual licence hereunder is revoked upon non-payment.
The Products shall be at Your insurable risk as soon as they are delivered by Us to Your premises or otherwise to Your order.
Notwithstanding the above provisions, You shall be entitled to resell the Products in the ordinary course of the business but shall
account to Us for the proceeds of sale.
GENERAL PROVISIONS
Variation
No variation of this Agreement nor consent to a departure by a party from a provision, shall be of effect unless it is in writing
and signed by the parties or (in the case of a waiver) by the party giving it.
Assignment
You shall not be entitled to assign Your Rights or Obligations under this Agreement without Our prior written consent, which
consent may be given or withheld, or given on conditions, that We, in Our absolute discretion, decide.
Proper Law, Jurisdiction
This Agreement is governed by and construed in accordance with the laws of Queensland, Australia.
Severability
If any provision of these terms and conditions shall be held to be invalid, illegal or unenforceable such provision shall be forced
to the full extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not
in any way be effected or impaired by it thereby.
Entire Agreement
This Agreement constitutes the entire agreement between the parties.
DEFINITIONS AND INTERPRETATION
Definitions
In this Agreement, unless the context or subject matter otherwise require:
‘Annual Partner Points’ means the annual points required by You to retain Partner Platinum status
and the benefits of that status as specified in the Schedule;
‘Business System/s’ means any business or organisational activity, action, process, task, information, method, program, concept, technique and/or other proprietary knowledge that accesses, uses, incorporates, engages, integrates with and/or is developed with or uses MYH’s proprietary framework, program or module;
‘Business System/s Owner’ means any person, business, organisation, Partner or Subscriber who contracts MYPCorp to design, develop, create or construct a Business System or Business Systems;
‘Partner’means the MYP Certified Partner or MYP Partner;
‘Certified Product Training’ means training provided to Users on the Products by a trainer certified by Us that enables the Subscriber to access Level 2 support from Us;
‘Clear Funds’ means money that has been deposited with Us and is free of any encumbrance and can be used in any lawful
manner determined solely by Us;
‘Confidential Information’ shall mean all the information relating to the Products including but not limited to:
the pricing structure for the Products;
business plans, marketing plans, information memorandums, product plans, source code and object code for the Products and trade secrets;
all of Our other trade secrets and proprietary information relating to the Products, business affairs and finances
or other information made available to You in confidence and designated as Confidential Information by Us on or before
the date of such disclosure.
The Confidential Information does not include any information that:
is or becomes generally known within the Territory without breach of the terms of this Agreement or any other non-disclosure agreement;
is required to be disclosed pursuant to the order or court or agency or government entity having jurisdiction over
You; or
is independently developed by You or is acquired by You from a third party through no act of wrongdoing or breach
of any nondisclosure agreement by the Certified Partner or such third party.
‘Current Subscriber/s’ means a person, company, trust or other entity that has subscribed to the Products and who, at that
time, are not in breach of any MYP website or subscription Terms and Conditions;
‘Documentation’ means all manuals, documents, brochures and technical information supplied by Us in relation to the Products;
‘Improvements’ means any improvement, modification, enhancement, derivative, application or use of the Products conceived,
created or arising during or subsequent to Your access to the Intellectual Property Rights including all Future Rights to such
Intellectual Property Rights;
‘Intellectual Property Rights’ means;
jointly and severally any Rights as they relate to Our Confidential Information, trademarks or corporate indicia, the
copyright, the design rights, the patent rights, the eligible layout rights, the Improvements; and
any application or Right to apply for registration of any of the Rights referred to in the subclause (a) so far as they
relate to, protect or form part of the Products.
‘Introduced Certified Partner’ means a person, company, trust or other entity who was introduced to Us by You and who has
subsequently become Our Certified Partner;
‘MYP Products License’ means the standard terms and conditions entered into between Us and any Subscriber as detailed on Our
website which may be varied by Us at any time in accordance with those terms and conditions;
‘Notice’ means a written notice, consent, approval, direction, order or other communication;
‘Obligation’ means any legal, equitable, contractual, statutory or other obligation, agreement, covenant, commitment, duty, undertaking or liability;
‘Products’ means MYP modules, apps, diagnostics, systems, reports, applications delivered in a Software-as-a-Service environment by Us and as they exist and are developed from time to time and over time;
‘Remuneration’ means the amount paid to Partners and/or Business System Owners as specified in the Schedule;
‘Right/s’ means an entitlement to ownership of property or some interest in either real or personal property;
‘Sales Target’ means the annual Product sales target for Certified Partners as specified in the Schedule in this Agreement;
‘Services’ means information, consulting, training, coaching, support and any other services provided by Us through Our staff, representatives, contractors or the MYP application;
‘Specified Persons’ means the person named as such in the Reference Schedule;
‘Subscriber’ means a person, company, trust or other entity that has subscribed to the Products;
‘Users’ means a person who has been granted access to the Products by a Current Subscriber.
Certified Partner Status Requirements, Sales Targets & Remuneration
We offer two (2) levels of Certified Partner Status and, unless otherwise agreed in writing by Us, the Partner Remuneration
for each Certified Partner level is as specified below:
| Partner Level | Description of Requirements | Sales Targets | Partner Remuneration¹ |
|---|---|---|---|
| MYP Partner | Introduces Subscribers to MYP and/or processes new subscribers through the MYP website. | No minimum target | 10% of subscription income from introduced Subscribers for the term of their subscription |
| MYP Platinum Partner² | Introduces Subscribers to MYP and/or processes new subscribers through the MYP website.
Achieves the minimum sales target requirements and the annual points requirements to retain MYP Platinum Partner status³ |
Minimum of five new Subscribers in the first 12 months.
Retention of five or more Subscribers in perpetuity after the first 12 months. Secure at least one new Subscriber each year after the first 12 months. |
20% of subscription income from introduced Subscribers for the term of their subscription
10% of subscription income from Subscribers introduced by MYP Partners or MYP Platinum Partners who have been introduced to Us by You |
¹ You are responsible for ensuring Your unique Certified Partner code is entered when introducing or subscribing a new
Subscriber to MYP. Failure to comply with this may result in the Subscriber not being connected to You and, as a consequence,
the Certified Partner Remuneration will not be paid to You. You agree that We will not be liable for Partner Remuneration where
You have failed to provide your Certified Partner code when subscribing a new Subscriber.
² Where an MYP Platinum Partner fails to meet their sales targets or annual points requirements, the Certified Partner
will lose their MYP Platinum Partner status and will be converted to an MYP Partner by Us until they have again achieved the
minimum requirements of the MYP Platinum Partner. Where an MYP Platinum Partner loses their Platinum status, the Partner
Remuneration for existing and new Subscribers they have introduced will be altered to reflect their current Certified Partner
status.
³ To retain MYP Platinum Partner Status, the MYP Platinum Partner must achieve a minimum of 100 MYP Points every 12
months following the commencement of this Agreement. The MYP Platinum Partner can achieve these MYP Points in the following
manner:
|
50 points |
|
10 points |
|
10 points |
|
10 points |
|
5 points |
Partner Remuneration – Other Services Provided by MYP Platinum Partners
MYP Platinum Partners may, if approved by Us in writing, generate additional remuneration by offering other services associated with Us.
The table below specifies those services and the associated remuneration sharing arrangements.
| Item | Your Share of Revenue | Our Share of Revenue (including 3rd parties such as Business System Owners) |
|---|---|---|
| Consulting fees(Process mapping, Business System design, advisory services etc) | 100% | N/A |
| MYP module and module bundle opportunities (negotiated in large scale markets) | Negotiated | Negotiated |
| Personal/customised training or set-up fees as approved by Us3 | 80% | 20% |
| Business System module development, module modification or report development (wholesale component only) | You will charge retail fee to Subscriber; We will charge wholesale fee to You | 100% of wholesale fee |
Commercial Relationship with Subscribers
You determine who has the commercial relationship with the Subscriber and this selection is made in the subscription process.
This choice will impact on billing and payment arrangements between the parties.
Where You have the direct commercial relationship with the Subscriber (i.e. where the Subscriber remits MYP fees and subscription
income direct to You), You have the financial and legal responsibility for paying to Us all fees for the Subscriber relating to the
development, training and use of the Products, less the amount that would be paid by Us to You as specified in this Schedule.
| Subscriber commercial relationship with… | Billing to Subscriber | Payment to CP/IPO |
|---|---|---|
| Us | We will invoice all services and subscriptions to the Subscriber | We will pay all income due to You and any other relevant party by the 7th day of the month following when payment was made by the Subscriber. |
| You | You will invoice all services and subscriptions to the Subscriber | We will invoice You on the last day of the month for Our income for that month. You agree to pay the invoice in line with the invoice terms. We will then remit any amount due to any other party. |
Commercial Relationship with Business System Owners
Unless otherwise agreed in writing by Us, Business System Owners whose Business Systems were first offered for subscription on the MYPCorp Marketplace from 1 January 2015 will receive Remuneration equal to 40% of subscription revenue earned from Subscribers to the Business System owned by the Business System Owner and offered for subscription in the MYPCorp Marketplace.
Payment of Remuneration
We will pay all Remuneration due to You within ten (10) business days of the month following the date We received Clear Funds from the Subscriber.
You will pay all prices, cheques, fees due to Us by You in accordance with the terms of trade specified on Our invoice to You.
Requirements to maintain MYP Certified Trainer Status
