Background
The Audata Ambassador Program is designed to recognise and empower users in Audata customer businesses who are domain experts in Audata products / services, and active promoters of any Audata products within their organisation.
The objective of the program is to acknowledge these individuals and provide them with support and resources so that they may can help their company get the most value from their Audata solution(s).
Definitions
“Audata”, “us”, “our”, “we” mean Audata Pty Ltd of 111 Cecil St, South Melbourne, Victoria 3205, Australia.
“Ambassador Program”, “the Program” mean the Audata Ambassador Program which is governed by the terms outlined herein.
“Individual”, “Ambassador”, “You”, “Your” mean the individual (a natural person) who is a candidate for, or active member of the Program.
“Employer”, “Company”, “Organisation”, “Business”, “Customer” mean the business / legal entity with which Audata has an active contract to provide products or services, and with whom the Ambassador is currently employed.
“MSA” means the Master Subscription Agreement between Audata and the Customer, or similar agreement of the same effect, which governs the provision of Audata products and services to that Customer.
Agreement
By accepting an invitation from Audata to join the Program, the individual agrees to be bound by these terms and conditions.
By nominating, approving the nomination of, or approving the invitation for an Individual for the Program (by a duly authorised person), the Customer agrees to be bound by these terms and conditions for the duration of the Ambassadors membership in the Program.
These are considered two separate contracts between Audata and each respective party, but will be collectively referred to herein as the “Agreement”.
Consideration
The Individuals membership in the Program serves as the sole consideration for the Agreement.
Separate Agreement
The terms and conditions of the Program are to be interpreted on their own and do NOT form a part of the Company’s Master Subscription Agreement (“MSA”), or any other existing or future contract or agreement with Audata.
For the avoidance of doubt, the MSA will have authority over these terms and conditions in any event that a dispute or discrepancy arises between the two.
Membership Criteria
You must be nominated by your Employer for membership in the Program (either nominated directly, or approved by, a primary contact for that account who is duly authorised to bind the Company to these terms and conditions).
Individuals are invited by Audata at our sole discretion to join the Ambassador Program.
Acceptance to join the Program following an invitation made by Audata is not compulsory and must not be made so by your Employer.
As a guide only, Audata uses the below criteria when considering a candidate for the Ambassador Program.
You should hold Basic Administrator Certification from Audata (for any Audata Product) or otherwise have demonstrated competency and expertise in an Audata product to a similar level.
Your Company must be an active Audata customer and not be in arrears of payments on their account.
You should have at least 6 months experience using one or more Audata products (either in your current role or with a previous employer).
You should use one or more Audata product(s) regularly as a part of your primary job role.
Responsibilities
There are NO formal responsibilities or duties required of Ambassadors, and their performance of any responsibilities do not form part of the criteria for membership.
However, membership of an Ambassador is always at the sole discretion of Audata, and we may revoke membership at any time if we feel the Ambassador is no longer appropriate for the Program / membership (at our sole judgement).
As a guide only, Audata would expect that as an Ambassador, You would make a reasonable effort (within the constraints of your regular job duties) to:
Maintain and develop your knowledge of Audata products and the Audata platform,
Help your Organisation achieve best practice implementation of their Audata solutions,
Proactively identify and help implement opportunities for your business to improve its usage of Audata products,
Maintain a broad understanding of your businesses Audata implementation, including any Organisation-specific processes relating to Audata products and services,
Share your Audata domain expertise with your colleagues,
Remain aware of new Audata products and features and, when relevant, communicate them internally within your business,
Help provide occasional feedback to Audata so that we can improve our products for you and your company.
Again, this is a guide for illustrative purposes only, and not a set of requirements or responsibilities. Each case will be different for different Organisations and Ambassadors, and we understand that you have the constraints of your regular day-to-day duties in your role as an employee of the Business.
Employment Responsibilities
For the avoidance of doubt, this Agreement in no way forms any part of your employment contract with your Organisation, and any tasks you perform connected with your membership in the Program are not to be considered duties of your employment contract (unless they are actually defined in your employment contract).
These terms are to be interpreted separately from any legal relationship between You and your Employer (e.g. your employment contract).
Your Employer agrees not to regard any aspect of your membership in the Program as a part of your employment contract or job responsibilities, unless they are explicitly and separately defined in that contract.
Your Employer may NOT at any point make your membership or participation in the Program a requirement or component of Your employment agreement with them, even if explicitly defined in said agreement.
Your Employer may require you to perform duties that are similar to, or overlap with, the tasks you perform in connection with your membership in the Program, as a condition of your employment agreement with them, however these must be considered SEPARATE to this Agreement and are not to be considered as a part of the Ambassador Program in any way.
Audata is not in ANY way a party to Your legal relationship or employment contract between You and your Employer, either through Your membership in the Program or by any other means.
Benefits
Audata may from time-to-time advertise and provide various benefits or rewards to Ambassadors, as a means of acknowledging and thanking members for their contribution. These may include, but are not limited to: branded promotional merchandise, invitations to events, access to trial new Audata features, gift cards, and so on (“Benefits”).
Providing any Benefits is at Our sole discretion. We are in no way obligated to provide any Benefits (whether explicitly stated or implied) at all.
Benefits are provided to the Ambassador personally, and not to their Employer. The Employer may not request any specific Benefits be offered to their Ambassador(s), or govern or manage the provision of Benefits in any way.
Benefits are provided solely as rewards to acknowledge and thank Ambassador Program members as and when We see fit, and are in no way to be considered a form of Remuneration, nor do they form any part of the consideration of this Agreement.
Intellectual Property
You may from time-to-time be asked to provide (or volunteer) feedback to Audata regarding our products and services in connection with the course of your membership in the Program. By sharing any feedback with us, including any product or feature ideas, You unequivocally release any claim to intellectual property rights arising from the feedback or ideas you provide.
Relationship
Acceptance of an invitation to join the Program does not in any way constitute an employment relationship between Audata and You.
Membership Term & Termination
Both invitation / acceptance into, and ongoing membership of the Program always remain at the sole discretion of Audata, however Your membership has no fixed term.
Generally, your membership in the Program will remain active until:
You leave your Employer / Organisation,
You transition to a role wherein You no longer frequently use Audata products or services in the course of your day-to-day work,
Your Employer / Organisation is no longer an active Audata customer,
You publicly share (such as on social media or by any means) information, content, or opinions that might harm Audata’s reputation, either directly, or by association with you through your membership in the Program,
You or your Employer breach the terms of this Agreement; or
You voluntarily leave the Program.
Audata reserves the right to revoke membership in the Program at any time at its sole discretion, for any reason, and without prior warning.
Confidentiality
Through the course of your membership in the Program you may become aware of sensitive or non-public information from Audata, such as (for example) information about unreleased / unannounced products or features (“Confidential Information”). Audata will make an effort to communicate where information shared is considered Confidential Information, but expects You to also apply reasonable judgement.
You may not share or disclose Confidential Information that you are made aware of, either publicly or within your Organisation, without explicit and written permission from Audata.
For the avoidance of doubt, Audata’s obligation to protect Your Company’s sensitive information that we may acquire is explicitly NOT considered within the scope of this Agreement, and is governed by Our MSA (or similar agreement) with Your Employer.
Surviving Terms
Terms in this Agreement under the headers Confidentiality, Severability, Purchasing Decisions, Governing Law, Relationship, and Intellectual Property, shall survive termination of this Agreement and/or the end of Your membership in the Program in perpetuity.
Forward-Looking Statements
In the course of your membership in the Program you may be told about or shown future, unreleased Audata products, features and developments (“Forward-Looking Statements”).
If, through your role with your Employer, you may be a party to purchasing decisions regarding Audata products and services, do not consider any Forward-Looking Statements in your decision-making. Only consider currently available products and features when making buying decisions decisions.
Severability
Any part of this Agreement which is deemed void or unenforceable by a court of competent authority will be severed to the extent that it is void or unenforceable, and the remainder of the Agreement shall remain intact.
Governing Law
This Agreement is governed by the laws of Victoria, Australia, and any disputes arising from this Agreement shall be dealt with exclusively by the courts of Victoria, Australia.
Contact
For any questions relating to the Audata Ambassador Program or this Agreement, please contact ambassadors@audata.io by email.