Partner terms

The parties are G6 Agency AG, Bahnhof-Park 2, 6340 Baar, Switzerland (UID: CHE-333.056.061 MWST), operator of the Zertify platform, hereinafter the provider, and the natural or legal person who applied as a partner and was approved by the provider, hereinafter the partner.

The provider issues the certificates under licence from SICE (Swiss Institute of Certification and Education). SICE is not a party to these terms.

The partner recommends Zertify to companies and points them to the platform. The provider pays the partner a commission on orders attributed to the partner under these terms.

The partner acts as an independent referrer. The partner may not conclude contracts, make statements or accept payments on behalf of the provider. No employment, agency or partnership relationship is created. Contracts with customers are governed exclusively by the Zertify terms and conditions.

Deviating terms of the partner apply only if the provider agrees to them in writing.

The partner applies through the form on the partner page and accepts these terms when doing so. The provider reviews every application and may reject it without giving reasons. There is no right to admission.

On activation the partner receives a personal partner code, a personal link and access to the partner area. Orders can only be attributed from activation onwards. The partner keeps the details in the partner area up to date.

An order is attributed to the partner if the customer reaches the website through the partner's personal link or uses the partner code, then starts the assessment and orders the certificate. The following rules apply:

• If the customer allowed marketing cookies, the website stores the partner code in a cookie for 30 days. Without that consent no cookie is set, and the partner code only counts if the customer starts the assessment in the same visit.
• The last valid partner code at the start of the assessment is decisive. If the customer arrives through several partner links in turn, only the partner used last earns the commission.
• There is no attribution if the customer had already started an assessment or placed an order with Zertify before the first contact through the partner link.
• There is no attribution for orders of the partner itself, of its employees for their own purposes, or of companies in which the partner holds an interest or which form a group with the partner.
• An order is attributed to at most one partner. The provider's records are decisive.

If the partner reports a missing order within 60 days of its payment, the provider reviews the report in good faith. A later attribution is only owed if the requirements of this section are demonstrably met.

The commission is 20 % of the net first-year amount of an attributed order. The net amount is the amount paid by the customer excluding VAT and after all discounts, including add-ons chosen in the same order.

The claim arises only once the order is paid and is not refunded in full or in part within 30 days of payment. A partial refund reduces the commission proportionally.

• No commission is paid on the yearly fees from the second year or on other renewals.
• No commission is paid on internal test orders or on manually recorded orders.
• No commission is paid on refunded orders or on orders that are not attributed under the section on attribution.

By the 10th of each month the provider issues a credit note for the commissionable orders paid in the previous month and sends it to the partner by email and in the partner area. The credit note lists every order with its date, net amount and commission. If an order that has already been settled is refunded within the 30 day period, the commission is offset against the next credit note.

Commissions are settled and paid in the currency of the referred order, without conversion. The provider issues a separate credit note for orders in CHF and for orders in EUR. Payout is made within 30 days of the credit note to the IBAN account the partner entered in the partner area. EUR commissions go to the same account unless the partner enters a separate EUR account. If the balance in a currency is below 50 in that currency (CHF 50 or EUR 50), it is carried forward to the next month until the minimum is reached. Balances in different currencies are not added together. At the end of the partnership any remaining balance is paid out even below the minimum.

Commissions are stated excluding VAT. VAT is only added if the partner declares in the partner area that it is registered for VAT and enters its VAT number. The partner is responsible for the correctness of this information and for the taxation of its commissions.

The partner reports objections to a credit note within 30 days of receipt. After that the credit note is deemed approved.

The partner advertises factually, truthfully and in line with applicable law, in particular the Swiss Federal Act against Unfair Competition. In particular the partner undertakes:

• not to make misleading statements, for example about prices, turnaround times, recognition of the certificate or the process.
• never to describe the certificate as accredited, as a replacement for an on-site audit or as officially recognised. The certificate is issued by G6 Agency AG under licence from SICE and is based on a self-assessment.
• not to send unsolicited advertising, in particular no mass emails, text messages or messages without the recipients' consent (spam).
• not to bid on paid search ads for the brand Zertify or similar spellings, and not to use the brand in domain names, company names or social media accounts.
• to use only the material provided by the provider or truthful own wording, and not to alter the logo.
• not to pose as the provider, as SICE or as their representative.

If the partner breaches these duties, no commission is due for the affected orders. The partner indemnifies the provider against third party claims arising from the partner's advertising.

Each party is an independent controller for the personal data it processes itself and complies with the Swiss Federal Act on Data Protection and, where applicable, the GDPR. There is no processing on behalf of the other party.

The provider discloses to the partner only the details of attributed orders needed for the statement. The processing of the partner's data is governed by the Zertify privacy policy.

The partnership starts on activation and runs for an indefinite period. Either party may terminate it by email with 30 days' notice.

For good cause, in particular a breach of the partner duties, the provider may terminate the partnership with immediate effect and deactivate the partner code at once.

Commissions on orders paid up to the end of the partnership and earned under these terms are settled and paid out after the end of the partnership. This excludes commissions forfeited under the section on partner duties.

The provider is liable only for intent or gross negligence. It does not warrant that the website, the partner link or the technical attribution work without interruption at all times. Liability for slight negligence, indirect damage and lost profit is excluded to the extent permitted by law.

The partner is liable for its advertising and its statements towards third parties.

The provider may change these terms. It notifies the partner of changes by email at least 30 days before they take effect. If the partner does not agree, it may terminate the partnership as of the date the change takes effect. If the partner continues to take part afterwards, the changed terms apply.

Orders are governed by the version in force at the time of payment.

These terms are governed by Swiss law, excluding its conflict of laws rules. The exclusive place of jurisdiction is Zug, unless mandatory provisions provide otherwise.

If any provision of these terms is invalid, the validity of the remaining provisions is not affected.