Partner Programme Terms

Elite Rugby App is a trading name of BPM Performance Zone Limited, a company incorporated in New Zealand (NZBN 9429051799557), based in Christchurch, New Zealand. Version 2.0. Contact: help@eliterugbyapp.com.

These terms are the agreement between BPM Performance Zone Limited, trading as Elite Rugby App (“we”, “us”), and you, a coaching partner or affiliate we have invited to promote Elite Rugby App and earn commission (“partner”, “you”). They apply together with our Terms of Service and Privacy Policy. By using the partner portal, sharing your partner link, uploading content or accepting a payout, you accept these terms. Any separate written agreement between us (for example a coaching content agreement) applies as well; where it conflicts with these terms, the separate agreement wins.

1. The relationship

• We appoint partners by invitation, in writing. There is no public sign-up. We may decline or end an appointment at our discretion under section 12.
• You are an independent contractor. Nothing here creates employment, partnership, joint venture or agency. You cannot bind us, make promises or representations on our behalf, or hold yourself out as our employee or representative.
• The appointment is non-exclusive. You may promote other products, and we work with other partners.
• You must be at least 18 and legally able to receive payment for services where you live.
• As a partner you receive a free Elite Rugby App membership for the period of your appointment, and access to the partner portal. Partner accounts are excluded from the member rewards programme; you are paid commission instead.

2. How you earn

Your current commission rates are shown in your partner portal. They are set for you individually and may differ between partners. The streams are:

• App memberships. A percentage of each payment made by a member you referred, for as long as that member stays subscribed, on the payments actually collected (after any refund).
• EliteClass sales. A percentage of each one-off class sale you referred and, where you are the coach who created the class, of sales of your own class as set out in your coaching agreement.
• Clubs and schools. Where you introduce a club or school that buys team access, a percentage of what the club pays or a flat fee, agreed per club and shown in your portal. Where your clubs have different rates, the portal shows the rate per club.
• Bonuses. We may pay discretionary one-off bonuses. They are recorded in your portal like other commission.

We may change your rates. We give you at least 30 days’ notice by email, and the new rate applies to payments made after it takes effect, including payments by members you referred earlier. Commission already earned is not changed.

3. How referrals are attributed

• Your portal gives you a personal partner link and code. When someone opens your link we remember it for 18 days in that browser on that device.
• Attribution is last click wins: if the person opened more than one partner or member link, the last one opened before they joined gets the credit.
• Commission is earned on payments, not on trials. A referred person who never pays earns nothing.
• The referred person must be new to Elite Rugby App. Existing members, returning members and people who first reached us through our own paid advertising are not attributed to you.
• You cannot refer yourself, your own household’s accounts, or accounts you pay for.
• If a referred member cancels and later returns through someone else’s link, the new attribution applies.
• We resolve attribution from our records, which are final except in the case of a demonstrated error.

4. When and how we pay you

• Hold period. Membership and class commission becomes payable 28 days after the payment it relates to, so that refunds inside that window are netted before money moves. Club and school commission becomes payable when the club has paid us, subject to section 4 holds.
• Weekly payouts. We run payouts once a week. Commission that has become payable is paid in that run, so it typically reaches you 28 to 35 days after the member paid.
• Your bank account. You must connect a bank account through the portal and complete our payment provider’s verification before we can pay you. Bank details go to the payment provider; we keep only its reference. Until you connect an account, commission accrues unpaid. When you first connect an account, any club commission already owed is released over the following payout runs.
• Currency. We pay in the currency of the bank account you connect where our provider supports it (including NZD, AUD, GBP, EUR, USD and JPY); otherwise in US dollars. We pay the transfer fee, so you receive the full commission amount. Our provider applies a minimum transfer amount per currency; a balance below it rolls into the next run.
• Holds and deferrals. We may hold or defer a payout where we are investigating suspected fraud or a dispute, where we need identity or tax information from you, where our provider requires it, or where funds are not yet available to us. A deferred payout is not lost; it is paid in a later run. You can ask us at any time why a payment is held and when we expect to review it, and we will tell you.
• Statements. Your portal shows every commission, reversal and payout. Tell us within 60 days if you think a figure is wrong.

5. Refunds, disputes and reversals

• If a payment that earned you commission is refunded, the commission is reversed and netted against your balance.
• If a member disputes a payment with their bank (a chargeback), the commission is reversed as soon as the dispute is opened. If we win the dispute, the commission is restored.
• Disputes can be raised up to 120 days after a payment. A reversal that lands after we have paid you is netted against your future earnings. We do not ask you to repay money already paid unless the commission was obtained through fraud or your breach of these terms.
• A negative balance carries forward until future commission clears it.

6. Tax, identity and compliance

• You are responsible for all tax on your commission, including income tax and, if you are registered, GST or VAT. Commission is stated exclusive of any tax you must charge. If you are GST or VAT registered, tell us, and invoice us or agree a self-billing arrangement with us so that tax is handled correctly.
• On request you will tell us your country of tax residence and provide a tax identification number or tax form. We may withhold or deduct where the law requires us to and may pause payment until we have the information the law needs.
• You confirm you are not on a sanctions list and are not in a country subject to comprehensive sanctions, and you will tell us if that changes.
• You will provide identity information our payment provider requires for verification.

7. How you may promote Elite Rugby App

You agree that in promoting Elite Rugby App you will:

• comply with the advertising and consumer laws where you and your audience are, including the FTC Endorsement Guides in the United States, the CAP Code and consumer law in the United Kingdom, the Australian Consumer Law, and the New Zealand Fair Trading Act;
• only say things about Elite Rugby App that are true and that you can back up, and describe only your own genuine experience;
• not make health, medical, injury-prevention, rehabilitation, weight-loss or performance claims, or promise any result (selection, contracts, strength or speed gains) from using Elite Rugby App;
• not make income claims about the partner programme;
• not use the name, image or likeness of any professional player or coach without our written approval, and not imply endorsement by any club, union or competition;
• not run paid search ads on our brand terms, not spam, not use bought traffic, bots or incentives we have not approved, and not place your link where the audience is under 16;
• not promote to clubs or schools in any way that suggests you can commit us to a price or a service;
• if you place any tracking (a pixel, a tag or our link parameters) on a page you control, obtain visitor consent where the law requires it, including in the United Kingdom, the European Union and the EEA;
• remove or correct any promotion when we ask.

8. Coaching content you upload

If you upload coaching videos or other content for publication on Elite Rugby App:

• You keep ownership. You grant us a worldwide, non-exclusive, royalty-free licence, for the period of your appointment and afterwards for as long as any member holds a purchased class that includes it, to host, store, copy, transcode, adapt for format, publish, stream and promote the content within Elite Rugby App and on the hosting and social platforms we use to deliver and market it, including our own unlisted video channel. This licence lets us keep serving members who already bought your content after you leave.
• You confirm that you own or control all rights in the content, including any music; that everyone who appears in it has agreed to appear and to its publication, and that a parent or guardian has agreed for anyone under 18; that it contains no third-party branding you are not licensed to use; that it is your own work; that it is accurate and safe for the audience and level it states; that it makes no medical claims; and that you hold the coaching, strength and conditioning or nutrition qualifications you present.
• We decide what is published. Every upload arrives unpublished and goes live only after our review. We may decline, edit titles and descriptions, unpublish or remove content at any time, including if a complaint is made about it.
• Takedown. You can remove your own uploads from the portal. Removal takes the content out of the app and off our video channel. We keep the original file and a record of the submission so that we can meet legal obligations, resolve disputes and, with your agreement, restore it.
• Insurance. If you publish training programmes, we expect you to hold your own public liability and professional indemnity insurance, and we may ask for evidence.
• Members’ safety. Our Health & Safety Notice applies to your content as it does to ours. You remain responsible for the coaching advice your content contains.
• Any AI tool we offer to help you draft a title or description gives suggestions only; you are responsible for what you publish.

9. Information about members, and your own information

• Your portal shows you aggregate results and limited details about the people you referred: first name, subscription status, approximate location and payment count. You never see payment details, messages or training records.
• You may use that information only to understand your own performance. You may not contact referred members outside Elite Rugby App using it, add them to your own lists, or share it with anyone.
• Your own information (name, contact details, commission and payout records, and the bank reference from our payment provider) is handled under our Privacy Policy. We keep commission and payout records for 7 years for tax purposes.
• You will keep confidential any non-public information about our business, pricing, members and plans that you learn as a partner, during and after your appointment.

10. Earnings figures are not promises

Any earnings calculator, projection or example in the portal or in our materials is illustrative only. It uses inputs you choose, assumes no cancellations, refunds, disputes or rate changes, and is not a forecast or a promise. Most partners earn less than illustrative figures. We make no representation about the income any partner will earn.

11. Using our brand

We grant you a non-exclusive, revocable licence to use the Elite Rugby App name, logo and the marketing materials we give you, only to promote Elite Rugby App under these terms and only in the form we provide. Do not alter our logo, register any domain, handle or business name containing our brand, or use our brand in a way that suggests you are us. The licence ends when your appointment ends.

12. Term and ending

• Either of us may end this agreement for any reason on 30 days’ written notice.
• We may end it immediately if you breach section 7 or 8, act fraudulently, damage our reputation, or breach these terms in a way you do not fix within 14 days of notice.
• When the agreement ends: your link stops attributing new members; you stop using our brand; your content is handled under section 8; and commission already earned is still paid in the normal runs once payable. Unless we ended the agreement for your breach or fraud, commission on payments by members you referred while a partner continues for as long as those members stay subscribed. Commission that cannot be paid because you have not connected a bank account within 12 months of leaving is closed, and reopened if you later provide one.
• Your partner membership of the app ends when your appointment ends, unless we agree otherwise in writing.

13. Liability

Nothing in these terms excludes liability that the law does not allow us to exclude, including for fraud. Subject to that, neither of us is liable to the other for indirect or consequential loss, and our total liability to you under this agreement in any 12-month period is limited to the commission we paid you in that period. You will compensate us for loss we suffer because of your breach of sections 7 or 8, a claim by a third party about content you uploaded, or your unlawful conduct. This is a business agreement; consumer guarantees do not apply to it.

14. General

• Governing law. New Zealand law, with the New Zealand courts having non-exclusive jurisdiction.
• Disputes. Talk to us first at help@eliterugbyapp.com. Both of us will try in good faith for 60 days to resolve any dispute before starting proceedings.
• Changes. We may update these terms on 30 days’ email notice. Continuing as a partner after that date is acceptance. If you do not accept a change, you may end the agreement under section 12 before it takes effect.
• Notices. By email to the address on your partner account and to help@eliterugbyapp.com.
• Assignment. We may transfer this agreement to a successor of our business. You may not transfer it.
• Whole agreement. These terms, any separate written agreement between us, the Terms of Service and the Privacy Policy are the whole agreement for the partner programme. If any part is unenforceable, the rest stands.