1. Introduction
These Partner Terms ("Terms") govern the appointment and operation of authorised commercial partners of ShotTrack Pty Ltd ("ShotTrack", "we", "our" or "us").
These Terms apply to organisations authorised by ShotTrack to market, sell, distribute, support or otherwise represent ShotTrack Products and Services.
These Terms form part of the ShotTrack Legal & Trust Framework and should be read together with the:
- Products & Services Terms;
- Subscription Terms;
- Warranty Policy;
- Returns & Repairs Policy;
- Website Terms of Use;
- Privacy Policy;
- AI & Data Policy; and
- any written Partner Agreement executed between ShotTrack and the Partner.
Where a separate written agreement exists, that agreement prevails to the extent of any inconsistency.
2. Purpose
ShotTrack develops and manufactures professional monitoring technology for mining, construction, quarrying, tunnelling, civil engineering, infrastructure, environmental monitoring and research applications.
Our Partner Network enables local organisations to deliver sales, support and technical expertise while maintaining a consistent global customer experience.
These Terms establish the minimum commercial, technical and ethical standards expected of every authorised ShotTrack Partner.
3. Scope
These Terms apply to organisations authorised by ShotTrack as:
- Distributors;
- Resellers;
- Sales Representatives;
- Commission Representatives;
- Integration Partners;
- Technology Partners;
- Authorised Service Centres;
- Training Partners; and
- other commercial partners approved by ShotTrack.
Appointment under one category does not automatically authorise activities associated with another category.
The specific rights granted to each Partner will be defined in the applicable Partner Agreement.
4. Appointment
Appointment as a ShotTrack Partner is made solely at the discretion of ShotTrack.
Appointments may be:
- non-exclusive;
- territory-based;
- market-specific;
- customer-specific;
- project-specific;
- product-specific.
Nothing in these Terms obliges ShotTrack to appoint or retain any Partner.
No organisation may describe itself as an "Authorised ShotTrack Partner" without written approval from ShotTrack.
5. Territory
Where a Partner is assigned a territory, market segment or customer group, that allocation will be described in the applicable Partner Agreement.
Unless expressly stated otherwise:
- appointments are non-exclusive;
- ShotTrack may continue to sell directly;
- ShotTrack may appoint additional Partners;
- Customers may purchase directly from ShotTrack regardless of territory.
Territories may be reviewed periodically based upon market opportunities, customer requirements and Partner performance.
6. Partner Responsibilities
Partners are expected to:
- represent ShotTrack professionally;
- act honestly and ethically;
- provide accurate Product information;
- maintain appropriate Product knowledge;
- respond promptly to customer enquiries;
- protect confidential information;
- support the ShotTrack brand;
- comply with all applicable laws.
Partners should maintain sufficient technical knowledge to provide appropriate first-level assistance to Customers.
7. Sales and Marketing
Partners may promote ShotTrack Products and Services using current marketing material approved by ShotTrack.
Partners must ensure that all promotional material:
- accurately describes Products;
- reflects current specifications;
- uses approved branding;
- complies with applicable advertising laws.
Partners must not:
- exaggerate Product capabilities;
- make misleading performance claims;
- guarantee engineering outcomes;
- publish obsolete specifications after receiving updated material.
Where marketing material is translated into another language, the Partner is responsible for ensuring that translations accurately reflect the approved English-language version.
8. Product Demonstrations
Partners are encouraged to demonstrate ShotTrack Products using current software, firmware and documentation.
Demonstrations should accurately represent normal Product functionality.
Partners must not:
- modify demonstration results;
- manipulate performance data;
- conceal Product limitations;
- represent prototype functionality as production capability;
- make commitments regarding future Product development unless authorised by ShotTrack.
Where uncertainty exists regarding technical capabilities, Partners should consult ShotTrack before making representations to Customers.
9. Pricing
ShotTrack determines wholesale pricing.
Unless otherwise agreed in writing:
- Partners determine their own resale pricing;
- published pricing may change without notice;
- quotations remain subject to written confirmation;
- promotional pricing remains subject to availability.
Partners must not represent indicative pricing as guaranteed pricing unless confirmed by ShotTrack.
10. Orders
Orders submitted by a Partner become binding only after acceptance by ShotTrack.
Acceptance remains subject to:
- Product availability;
- export controls;
- payment status;
- regulatory requirements;
- applicable laws;
- other commercial considerations.
ShotTrack reserves the right to decline any Order prior to acceptance.
11. Product Information
Partners must use only current Product Documentation supplied or approved by ShotTrack.
Where revised Product Documentation is issued, Partners should promptly replace outdated versions used for:
- websites;
- brochures;
- catalogues;
- quotations;
- technical specifications;
- presentations;
- training material.
Customers should always receive the latest available Product information.
12. Brand and Intellectual Property
ShotTrack retains all Intellectual Property Rights relating to its:
- company name;
- trademarks;
- logos;
- product names;
- software;
- firmware;
- documentation;
- marketing material;
- technical drawings;
- AI models;
- cloud platform;
- engineering know-how.
Partners receive a limited, revocable, non-exclusive licence to use approved ShotTrack branding solely for the purpose of conducting authorised Partner activities.
Partners must not:
- alter ShotTrack branding without approval;
- register ShotTrack trademarks;
- remove copyright notices;
- reproduce documentation beyond authorised purposes;
- reverse engineer Products except where permitted by law.
Upon termination of the Partner relationship, all rights to use ShotTrack branding immediately cease unless otherwise agreed in writing.
13. Technical Support
Unless otherwise agreed, Partners are expected to provide first-level customer support within their approved territory.
First-level support may include:
- Product familiarisation;
- basic troubleshooting;
- installation guidance;
- account assistance;
- warranty coordination;
- liaison with ShotTrack technical support.
Second-level technical support, engineering support and factory repairs remain the responsibility of ShotTrack unless otherwise authorised in writing.
Partners must not undertake repairs or modifications to ShotTrack Products unless specifically authorised by ShotTrack.
14. Training
ShotTrack may provide Product, software and technical training to authorised Partners.
Training may include:
- Product operation;
- ShockAI functionality;
- installation procedures;
- warranty processes;
- service procedures;
- firmware updates;
- sales training;
- Product releases.
Completion of training does not authorise a Partner to modify, repair or certify Products unless separately approved by ShotTrack.
Partners are responsible for ensuring that personnel remain familiar with current Product information and updates.
15. Warranty Responsibilities
Partners play an important role in assisting Customers with warranty enquiries.
Unless expressly authorised in writing, Partners must not:
- approve warranty claims;
- reject warranty claims;
- modify warranty terms;
- extend warranty periods;
- perform warranty repairs on behalf of ShotTrack.
All warranty determinations remain the responsibility of ShotTrack.
Partners should promptly assist Customers in lodging warranty claims and coordinating Product returns in accordance with the Warranty Policy.
16. Customer Information
Partners are responsible for complying with all applicable privacy legislation when collecting, storing or processing Customer information.
Where Customer information is provided to ShotTrack for purposes including:
- quotations;
- Orders;
- warranty claims;
- repairs;
- technical support;
- training; or
- Subscription Services,
the Partner warrants that all necessary permissions and consents have been obtained.
ShotTrack will manage personal information in accordance with its Privacy Policy.
17. Confidentiality
Partners may receive confidential commercial, technical and operational information from ShotTrack.
Confidential Information includes, without limitation:
- pricing;
- engineering information;
- software;
- firmware;
- AI models;
- source code;
- product roadmaps;
- customer information;
- technical documentation;
- commercial strategies;
- unpublished Product specifications.
Partners agree to:
- keep Confidential Information secure;
- use it solely for authorised business purposes;
- restrict access to personnel who require it;
- not disclose Confidential Information without ShotTrack's prior written consent.
These obligations continue after termination of the Partner relationship.
18. Performance Expectations
ShotTrack values long-term commercial relationships built upon professionalism, customer service and technical competence.
While detailed performance criteria may be set out in a separate Partner Agreement, ShotTrack may periodically review matters including:
- customer satisfaction;
- responsiveness;
- Product knowledge;
- technical capability;
- sales performance;
- market development;
- compliance with these Terms;
- protection of the ShotTrack brand.
Where concerns arise, ShotTrack will generally seek to work collaboratively with the Partner before considering any change to the appointment.
19. Suspension or Termination
ShotTrack may suspend or terminate a Partner appointment where:
- these Terms are materially breached;
- applicable laws are breached;
- misleading or deceptive representations are made;
- the Partner's conduct damages the ShotTrack brand;
- insolvency occurs;
- fraudulent conduct is identified;
- continued appointment presents unacceptable legal, commercial or reputational risk.
Termination does not affect accrued rights or obligations existing before termination.
Upon termination, the Partner must immediately cease representing itself as an Authorised ShotTrack Partner and discontinue use of ShotTrack branding unless otherwise agreed in writing.
20. Export Compliance
Partners are responsible for complying with all applicable import, export, sanctions and trade compliance laws in the jurisdictions in which they operate.
Partners must not export, re-export or otherwise supply ShotTrack Products where doing so would breach Australian law or any applicable international trade restrictions.
Where export permits, customs documentation or regulatory approvals are required, Partners agree to cooperate with ShotTrack and provide all reasonably necessary information.
21. Ethical Business Conduct
ShotTrack is committed to conducting business with integrity, fairness and professionalism.
Partners are expected to maintain business practices consistent with these principles and to comply with all applicable laws relating to:
- anti-bribery;
- anti-corruption;
- competition;
- sanctions;
- export controls;
- workplace health and safety;
- environmental obligations.
Partners must not offer, promise, request or accept any payment, benefit or other advantage intended to improperly influence a commercial decision.
Reasonable business hospitality and promotional activities conducted in accordance with applicable law and accepted business practice are not prohibited.
22. Compliance with Laws
Partners are responsible for ensuring that their activities comply with all applicable laws within the jurisdictions in which they operate.
This includes, where applicable:
- consumer protection legislation;
- product safety legislation;
- privacy legislation;
- taxation obligations;
- employment laws;
- import and export regulations;
- environmental requirements.
Nothing in these Terms authorises a Partner to act outside applicable legal or regulatory requirements.
23. Independent Contractor Relationship
Unless expressly agreed in writing, Partners operate as independent contractors.
Nothing in these Terms creates:
- an employment relationship;
- a partnership;
- a joint venture;
- a franchise;
- an agency relationship;
- authority to bind ShotTrack contractually.
Partners must not represent to Customers or third parties that they have authority to enter into contracts, make warranties or accept legal obligations on behalf of ShotTrack unless expressly authorised in writing.
24. Assignment
A Partner may not assign, transfer or otherwise deal with its rights or obligations under these Terms without the prior written consent of ShotTrack.
ShotTrack may assign its rights and obligations to a related body corporate or as part of a merger, acquisition, business sale or corporate restructure, provided the Partner's rights are not materially diminished.
25. Force Majeure
Neither party is liable for delays or failures to perform obligations where those delays or failures arise from circumstances beyond their reasonable control.
Examples include:
- natural disasters;
- severe weather events;
- pandemic or epidemic;
- war;
- terrorism;
- civil unrest;
- industrial disputes;
- government action;
- transport disruption;
- component shortages;
- telecommunications failures;
- cyber security incidents.
The affected party will use reasonable efforts to minimise the impact of the event and resume normal performance as soon as reasonably practicable.
26. Changes to these Terms
ShotTrack may amend these Partner Terms from time to time to reflect:
- changes to Products;
- changes to commercial practices;
- legislative developments;
- improvements to partner programs;
- changes to business operations.
The latest version will be made available through the ShotTrack website or partner portal.
Material changes affecting existing Partners will be communicated using reasonable commercial efforts.
27. Contacting ShotTrack
For enquiries relating to authorised partnerships, distributorships or reseller arrangements, please contact:
ShotTrack Pty Ltd
ABN 43 168 396 183
Unit 4, 21–23 Hurley Drive
Coffs Harbour NSW 2450
Australia
General Enquiries: info@shottrack.com.au
Website: https://www.shottrack.com.au
28. Related Legal Documents
These Partner Terms form part of the ShotTrack Legal & Trust Framework and should be read together with:
- Products & Services Terms
- Subscription Terms
- Warranty Policy
- Returns & Repairs Policy
- Website Terms of Use
- Privacy Policy
- Cookie Policy
- AI & Data Policy
- Acceptable Use Policy
Where a separate written Distributor Agreement, Reseller Agreement, Representative Agreement, Service Partner Agreement or other commercial agreement expressly provides different terms, that agreement prevails to the extent of any inconsistency.
29. Governing Law
These Partner Terms are governed by the laws of the State of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.