Partner Terms of Use

Last Updated: 30 July 2024

1. Introduction

These terms and conditions ("Terms") govern the relationship between Lead with Stones Limited ("we," "us," or "our"), and content creators (“you”, “your” or "Partners") who contribute content, including but not limited to videos, templates, resources, and worksheets ("Partner Content") to be hosted on our website ("Website") and accessed by users ("Users").

2. Acceptance of Terms

By submitting Partner Content for uploading to our Website, Partners agree to be bound by these Terms.

3. Use of Partner Content

  • Partners grant us a worldwide, royalty-free, fully-paid, exclusive license to use, reproduce, publish, adapt, modify (limited to design, branding or production effects), and display the Partner Content and Partner brand name on our Website, for the purposes of providing educational content to Users and advertising Stones and Partner Content.
  • Partners retain ownership of the copyright and other intellectual property rights in their Partner Content and Partner brand name.

4. Partner Obligations

  • Partners warrant that the Partner Content is original and that they have the necessary rights, permissions, and authority to grant us the license as described in clause 3.
  • Partners shall ensure that their Partner Content does not infringe upon any third-party rights, including copyright, trademark, privacy, and other proprietary or personal rights.
  • Partners warrant that the Partner Content complies with all relevant laws and regulations.

5. Our Obligations

  • We will include your name and links to your website and/or contact details on our Website clearly linked to Partner Content, provided that you are responsible for ensuring your website/contact details are kept up to date.
  • We will use our best endeavors to pass on any leads or referrals for Partners that we receive through our Website.
  • Provided Partners comply with these Terms, we grant Partners a non-exclusive, non-transferable, royalty-free license to use our brand for the sole purpose of promoting our Website on the Partners' website.

6. Partner Remuneration

  • The Partner remuneration model and terms can be found in the Partner Remuneration Terms.
  • Partners can choose which Partner tier to commit to when they sign up. Partner tiers determine if and at what rates the Partner will be remunerated for their contributions to Stones. Partners have the right to change to an alternate tier at any time, with immediate effect.
  • Stones reserves the right to adjust the revenue share model, allocated percentage, and calculation method at any time and for any reason. Any changes will be communicated to partners with a 90-day notice period.
  • In the event of significant changes to the payment model, Partners will have the option to downgrade their Partner tier or remove their content from the platform within 30 days of the change coming into effect.

7. Termination

  • We reserve the right to review, modify, or remove Partner Content from our Website at our discretion, without prior notice.
  • Notwithstanding clause 7.1, if we consider it appropriate, we will notify Partners at least 14 days prior to the proposed or intended removal of Partner Content, and our reasons for doing so, so that the Partner has an opportunity to remedy or modify content in line with our requirements, if they wish.
  • If we remove all of your Partner Content from our Website, the licenses granted under these Terms will immediately terminate.

8. Indemnification

Partners agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, and expenses (including legal fees) arising out of or related to the Partner Content submitted by the Partner or any breach of these Terms.

9. Disclaimers

We do not endorse, guarantee, or warrant the accuracy, reliability, completeness, or legality of any Partner Content.

10. Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to the use or inability to use our Website or Partner Content.

11. Governing Law and Jurisdiction

  • These Terms shall be governed by and construed in accordance with the laws of New Zealand.
  • Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

12. Modifications

We may make changes to these Terms from time to time. If we do, we will let you know about any material changes, either by notifying you on the Website or by sending you an email. If you disagree with any changes to the Terms and do not wish to be subject to the revised terms, you will need to let us know in writing within [one month] of the change to the Terms and we can terminate these Terms and stop using the Partner Content.

13. Entire Agreement

These Terms constitute the entire agreement between us and Partners regarding the subject matter hereof and supersede all prior agreements and understandings.