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Partnering with Masternaut

As Europe’s market leader in Mobile Resource Management we know how important it is to base partnerships on a strong foundation.

Regardless of your organisations size, structure or sector our Affinity programme can help you unlock business potential.

  • Strengthen your existing customer relationships
  • Access over 2,000 new prospects
  • Establish new revenue streams

The first step in becoming an Affinity programme member is providing us with some information that will help determine how we can best work together.

Complete and submit the following information and we’ll be in touch shortly.


1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:
"Account Manager": the person allocated to the Partner by M3X to manage the Partner’s participation in M3X’s Affinity Partner Programme and its performance pursuant to this Agreement;
"Agreement": these terms and conditions, any schedules attached and the Masternaut Application Form ;
"Application Form": the partner application form to become a referral partner as part of M3X’s Affinity Partner Programme and which is on M3X’s website;
"Associated Company": any direct or indirect subsidiary or holding company from time to time, and "holding company" and "subsidiary" shall having the meanings given to them in Section 736 and 736A of the Companies Act 1985;
"Commission": the commission payable by M3X to the Partner in return for the referral of leads for the sale of Products which are successfully turned into Orders, in accordance with and at the rates set out in clause 4.3;
"Commencement Date": the date on which the Partner is notified by M3X that the Partner’s Application Form has been accepted;
"Customer Referral Form": the form on M3X’s website upon which details shall be logged of a prospective customer’s interest in the Products;
"Forecast Leads": the minimum number of leads forecast by the Partner and entered onto the Application Form or such other number as subsequently agreed between the Partner and M3X;
"Initial Period": the period of 12 months starting on the Commencement Date;
"M3X": Masternaut UK Limited of Priory Park, Great North Road, Aberford, Leeds, LS25 3DF trading as Masternaut;
"M3X Group": M3X and its Associated Companies and such term shall include any one or more of such companies;
"Order": any new order for Products placed by a Referral and formed into a contract for sale by acceptance of that order by M3X further to a correctly completed Customer Referral Form;
"Partner": a person, firm or company whose Application Form has been accepted by M3X;
"Products": the products of M3X and its Associates which the Partner is authorised to promote in accordance with the terms of this Agreement as listed on the Application Form;
"Product Literature": any marketing literature produced by M3X or any of its Associated Companies in relation to the Products as made available to the Partner from time to time;
"Referral": a prospective customer of the Products whom the Partner has referred to M3X in accordance with clause 5.2 and the other terms of this Agreement;
"Referred Customer": a customer of M3X who has purchased Products after referral to M3X by the Partner in accordance with the terms of this Agreement; and
"Term": the term of this Agreement which shall comprise the Initial Period together with any further period during which it continues pursuant to the terms of this Agreement subject to earlier termination in accordance with its terms.
1.2 Words denoting the singular include the plural and vice versa, words denoting the masculine gender include the feminine gender and words denoting persons include companies.

2.1 M3X appoints the Partner to promote the Products to its customers and to solicit leads and orders for Products, all on the terms and conditions of this Agreement.
2.2 The Partner acknowledges that M3X may appoint other persons to promote Products and may compete with the Partner and other persons appointed by M3X for such leads and referrals.
2.3 The Partner acknowledges that it:
2.3.1 is not and shall not represent itself to be the appointed agent of the M3X Group (or any part of it);
2.3.2 is not and shall not represent itself to be authorised to enter into contracts, commitments or any other arrangements on behalf of the M3X Group (or any part of it); and
2.3.3 in particular but without limitation, the Partner shall not pledge the credit of the M3X Group (or any part of it) nor receive any money on behalf of such.
2.4 The Partner shall not and shall procure that its employees and representatives do not use the name or trademarks of the M3X Group other than in accordance with the terms of this Agreement or as permitted by law. In particular, but without limitation, the Partner shall not and shall procure that its employees and representatives do not use the names Masternaut, Three X or Three X Business Solutions or any trademarks of the M3X Group in any document published by or on behalf of the Partner without the prior written consent of M3X.
2.5 The Partner acknowledges that it shall be at M3X’s entire discretion as to whether or not to enter into any binding contractual agreement with any Referral.
2.6 As part of the Affinity Partner Programme Masternaut may, at its discretion, give the Partner access rights and/or passwords for use in relation to its obligations under this Agreement. Such access rights and passwords constitute confidential information and the Partner agrees that it will at all times treat such access rights and passwords as confidential information in accordance with the provisions of clause 8.

3.1 M3X may, at its discretion, supply the Partner with a demonstration copy of any of the Products in which case M3X grants the Partner a non-exclusive, non-transferable licence for the term of this Agreement to use such demonstration copies supplied for demonstration purposes only and otherwise in accordance with the terms and conditions of this Agreement.
3.2 The Partner shall not try to access any of the software comprised in any demonstration copies of the Products nor shall the Partner make any modification, additions or enhancements to any demonstration copies and the Partner undertakes not to reverse engineer, disassemble, decompile any of the software comprised in any demonstration copies or otherwise interfere with them or allow access to any of the software comprised in them to any third parties.
3.3 The Partner shall not make copies of any demonstration copies of the Products, the Product Literature or any of the software comprised in any such demonstration copies of the Products.
3.4 The Partner agrees to use the demonstration copies of the Products only on the number of devices or personal computers and only at the physical locations specified in writing by M3X from time to time.

4. OBLIGATIONS OF M3X 4.1 M3X shall provide appropriate commercial and technical sales training to the Partner in respect of the Products at such rates, times and locations as agreed between the parties from time to time.
4.2 During the course of this Agreement M3X may from time to time update the Product Literature and Customer Referral Forms available on M3X’s website.
4.3 Subject to clauses 4.4 and 4.5, M3X shall pay the Partner Commission on all leads, referrals and orders that are successfully converted into Orders. Commission shall be paid at the rate of £25 per unit/licence or as otherwise agreed.
4.4 If a Referral does not respond to M3X or otherwise fails to contact M3X during any three month period such party will cease to be classified as a Referral and no Commission will be due on any subsequent Order received from such party.
4.5 M3X shall only be obliged to pay Commission on the first Order received from each Referred Customer and the Commission will be capped at £5,000 per Referred Customer.

5.1 The Partner shall use its best endeavours to promote and market the Products by all usual means and in accordance with the terms and conditions of this Agreement.
5.2 The Partner shall either complete a Customer Referral Form, email details to its Account Manager or notify its Account Manager by telephone in respect of all persons who indicate to the Partner that they are interested in purchasing any of the Products. If it has not already done so the Partner will subsequently complete a Customer Referral Form in respect of all prospective customers that it refers to M3X pursuant to this Agreement.
5.3 The Partner shall use the Product Literature for the promotion of the Products and shall not use any other marketing materials to promote the Products except with the prior written consent of M3X. Without limitation to the generality of the above, where the Partner wishes to use the M3X logo, or any other logos owned by the M3X Group, for a large scale marketing campaign the Partner will obtain M3X’s prior written consent before any use of such logo(s).
5.4 The Partner shall maintain at its own expense sufficient employees with expertise to enable the Partner to perform its obligations under this Agreement.
5.5 The Partner shall not engage in misleading or deceptive conduct or otherwise contravene any law in the conduct of its business and in particular, but without limitation, the Partner shall not and shall procure that its employees and representatives do not say or do anything that disparages the M3X Group (or any part of it) or the Products or brings any of them into disrepute.
5.6 The Partner shall comply with all laws, regulations, standards and codes concerning the marketing of the Products including, without limitation, the Data Protection Act.
5.7 The Partner shall not market the Products outside the United Kingdom without M3X’s prior written consent.
5.8 The Partner shall procure that all employees and representatives of the Partner comply with the relevant provisions of this Agreement.
5.9 The Partner shall not make any warranty or representation regarding the Products other than as is consistent with those contained in the Product Literature or as otherwise authorised by M3X in writing.
5.10 The Partner shall inform M3X immediately of any changes in the Partner's organisation or methods of doing business which might affect the performance of the Partner's obligations under this Agreement.
5.11 The Partner shall not use its own trade name, trade mark or service mark nor that of any third party in relation to the Products.
5.12 The Partner shall use its best endeavours to achieve the Forecast Leads. The Forecast Leads may be re-set on an annual basis by M3X after consultation with the Partner.

6.1 The Partner shall keep the M3X Group fully indemnified against any losses, expenses, damages and liabilities incurred by or awarded against any part of the M3X Group arising out of any claim by any Referred Customer and relating directly or indirectly to any act or omission on the part of the Partner (other than any act or omission done at the direction of M3X).
6.2 The liability of M3X to the Partner for direct loss or damage whether in contract, tort or otherwise arising out of or in connection with its performance or its total or partial failure to perform in accordance with the terms of this Agreement, shall be limited to and shall not in any circumstances exceed the total amount of the Commission paid by M3X to the Partner under this Agreement.
6.3 Neither party will be liable to the other party for any special, indirect, incidental or consequential loss or damage suffered by the other party or any of its officers, employees, agents or contractors whether arising from the performance or non-performance of this Agreement, its negligence or otherwise, including but not limited to loss of profits and other economic loss.
6.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Agreement.
6.5 Nothing in this Agreement excludes or limits the liability of either party for death or personal injury caused by its negligence or fraudulent misrepresentation.

Each party agrees not to solicit or induce any employee of the other party who is concerned directly with this Agreement to leave the other party’s employment either at any time during the period of this Agreement or within the period of 6 months after its termination.

8.1 Each party undertakes to the other that it shall keep, and shall procure that its directors, officers and employees as appropriate shall keep secret and confidential and shall not use, copy, adapt, alter or part with possession of or disclose to any other person any information or material of a technical or business nature relating in any manner to the affairs, business, products or services of the other party which may be received, accessed or obtained in connection with or incidental to the performance of this Agreement PROVIDED THAT:
8.1.1 nothing herein shall prevent the use of any information by the receiving party not treated by the other as confidential or which does not properly belong to it;
8.1.2 the party receiving such information or material shall not be prevented from using the same to the extent it is in or comes into the public domain otherwise than through the default or negligence of the receiving party;
8.1.3 the party receiving such information or material shall not be prevented from using the same to the extent it can prove that at the time of disclosure it already had in its possession such information or material; and
8.1.4 either party may disclose the confidential information of the other to the extent required by law or regulatory authority.
8.2 M3X shall endeavour to ensure that any information disclosed to it by the Partner with respect to any approaches made or to be made by the Partner to prospective customers is maintained within the M3X Group sales teams supporting the Partner.

9.1 The parties agree to review on a monthly basis throughout the Term the Partner’s deployment of its resources and achievement of Referrals against Forecast Leads.
9.2 The Commission levels are subject to the Partner achieving the Forecast Leads. In the event that the Partner is unable to achieve the Forecast Leads M3X reserves the right to amend the levels of Commission.

10.1 This Agreement shall commence on the Commencement Date and, subject to earlier termination in accordance with its terms, shall continue for the Initial Period. Prior to the expiry of the Initial Period, the parties shall conduct a review of the terms and operation of this Agreement. Either party may terminate this Agreement with effect from the expiry date of the Initial Period upon giving at least one month's written notice to the other party. If no such notice is received prior to that expiry date, this Agreement shall continue automatically, but may be terminated in accordance with the following provisions.
10.2 Either party may terminate this Agreement after expiry of the Initial Period by giving the other party not less than 3 months’ prior written notice.
10.3 Either party may terminate this Agreement at any time with immediate effect by giving written notice to the other if the other party breaches any provision of this Agreement that is capable of being remedied and fails to remedy that breach within 14 days after receiving notice in writing requiring it to do so.
10.4 This Agreement shall automatically terminate in the event that either party shall make an arrangement with or assignment in favour of its creditors, shall become insolvent, cease to trade, shall go into liquidation (other than voluntary liquidation for the purposes of amalgamation or reconstruction) or have a receiver appointed of its own property or assets or any part thereof.
10.5 M3X may terminate this Agreement by providing the Partner with 14 days’ notice in writing if the Partner fails to achieve the Forecast Leads, if the ownership or control of the Partner is materially changed and in M3X’s reasonable opinion such change is to M3X’s detriment or if the Partner persistently commits breaches of this Agreement (whether minor or material) or otherwise acts in a manner which, in M3X’s opinion, is detrimental to M3X, its name, reputation, business interests or otherwise.
10.6 M3X may at any time on written notice terminate this Agreement forthwith. Where M3X terminates this Agreement under this sub-clause 10.6 and does not have any other right to terminate the Agreement, the following shall apply:
10.6.1 M3X shall, subject to sub-clause 10.6.2 below, pay the Partner such amounts as may be necessary to cover its reasonable costs and outstanding and unavoidable commitments (and reasonable profit thereon) necessarily and solely incurred in its proper performance of the Agreement prior to termination.
10.6.2 M3X shall not pay for any such costs or commitments that the Partner is able to mitigate and shall only pay the costs and commitments that M3X has validated to its satisfaction. For the avoidance of doubt M3X shall not be liable to pay any employees’, sub-contractors’ or other personnel costs incurred by the Partner where this relates to time booked prior to termination to visit potential customers where the Partner is not reasonably able to reallocate different duties to such personnel. M3X's total liability under sub-clause 10.6.1 above shall not in any circumstances exceed the remainder of the Commission that would have been payable to the Partner by M3X if the Agreement had not been terminated pursuant to clause 10.6 and the Partner had attained its Forecast Leads.
10.6.3 Sub-clauses 10.6.1 and 10.6.2 above encompass the total liability of M3X for termination pursuant to this sub-clause 10.6 and M3X shall not be liable for any other costs, claims, damages, or expenses consequent upon such termination.
10.7 Each right of M3X under this clause is without prejudice to any other right of M3X under this clause or otherwise.
10.8 Termination of this Agreement will not affect the accrued rights or remedies of either party.

11.1 On termination of this Agreement for any reason the Partner shall immediately:
11.1.1 stop promoting the Products;
11.1.2 return to M3X, or dispose of as M3X shall direct, all copies of the Product, Product Literature and any other material provided by M3X to the Partner which is in the possession or control of the Partner, its employees or representatives;
11.1.3 allow M3X and its authorised representatives to enter any premises owned or occupied by the Partner to remove property belonging to M3X;
11.1.4 return to M3X all copies of all Confidential Information of M3X which is in a material form and which is in the possession or control of the Partner, its employees or representatives; and
11.1.5 destroy all documents and materials in the possession or control of the Partner which were created using or otherwise include Confidential Information of M3X.
11.2 On termination of this Agreement for any reason, M3X shall pay to the Partner all amounts due to the Partner under and in accordance with the terms of this Agreement.
11.3 All provisions intended to have continuing effect shall survive the termination of this Agreement.

Neither party shall be liable to the other party, for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock out, trade dispute or labour disturbance (except where such strike, lock-out, trade dispute or labour disturbance involves employees of such party), the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, the obstruction by a third party of line of sight between microwave installations, war, military operations, acts of terrorism or riot, difficulty, delay or failure in manufacture, production or supply by third parties of any relevant equipment.

13.1 Any notice given under this Agreement must be in writing, and either be hand delivered or sent by registered post to the address of the recipient as set out on the front of this Agreement (or such other address notified to the other party for this purpose in accordance with this clause).
13.2 A notice given in accordance with clause 13.1 will be deemed received:
13.2.1 if hand delivered, on the date of delivery; and
13.2.2 if sent by registered post, 2 working days after the date of posting.

14.1 The Partner must not assign or attempt to assign or delegate any right or obligation under this Agreement without M3X’s prior written consent, which will not be unreasonably withheld or delayed.
14.2 M3X shall have the right to assign or transfer or otherwise dispose of all or any of its rights and obligations under this Agreement.
14.3 M3X may perform any of its obligations under this Agreement by arranging for them to be performed by an Associated Company.
14.4 The Partner acknowledges that this Agreement is intended to create the relationship of independent contractors and that nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between M3X and the Partner and the Partner has no right to bind M3X in contract or otherwise at law.
14.5 No term of this Agreement shall be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

15.1 If part or all of any clause of this Agreement that is illegal or unenforceable it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
15.2 This Agreement represents the entire agreement between the parties in relation to the subject matter of this Agreement and this Agreement supersedes all other agreements and representations made by either party, whether oral or written relating to the appointment of the Partner to promote the Products. The Partner acknowledges that it is not relying on any representations or warranties of any kind that are not expressly set out in this Agreement. M3X shall have no liability in tort in respect of any representation, warranty or other statement (whether or not contained in this Agreement) being false, inaccurate and/or incomplete unless it was made fraudulently.
15.3 This Agreement shall prevail over any inconsistent terms or conditions referred to in any forms or documents of the Partner or in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.
15.4 This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party.
15.5 Failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of it or of any other right on any later occasion and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this Agreement.
15.6 The rights and remedies of the parties under this Agreement are independent and cumulative and without prejudice to their rights under the general law.
15.7 This Agreement is governed by and construed in accordance with English law, and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
Signature(s) of applicant *

For more information, contact us on 08444 150 150 or email partner@masternaut.co.uk


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The Masternaut Team
08444 150 150