This Partner Program Agreement("Agreement") is a legally binding agreement between WidEva Systems Private Limited(hereinafter referred as "BountySite", "us", "ours"), and _____________(hereinafter "Partner", "you", "your"), who sells online services("Services") provided by https://www.bountysite.com(hereinafter "Website"). Selling and using BountySite Partner Account directly or indirectly through API or accessing your account is deemed acceptance of this Agreement. Partners can sell BountySite services to their existing or new customers(hereinafter "Customer")
BountySite reserves the right, at any time and from time to time, to amend or to modify this Agreement, with each party's consent and by duly signing this Agreement.
2.1 Marketing Activities Partner shall bear all costs and expenses related to Partner's marketing or promotion of BountySite or any BountySite Related Entity, and, as applicable, Partner's Applications, Themes, Channel Platform, or Partner's other products or services associated with Partner's participation in the Partner Program (Collectively, Partner Marketing Activities) in any area, location, territory or jurisdiction, unless otherwise determined by BountySite in its sole discretion.
2.2 In conducting all Partner Marketing Activities, Partner shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and spamming.
2.3 Without limiting the generality of the foregoing, Partner shall (i) not send any email regarding BountySite and/or BountySite Related Entities to any individual or entity that has not requested such information; (ii) always include Partner's contact information and Unsubscribe information at the top or bottom of any email regarding BountySite, BountySite Related Entities, the Service and/or the BountySite platform; and (iii) not imply that such emails are being sent on behalf of BountySite or BountySite Related Entities.
2.4 A Partner shall not (i) engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to BountySite and/or BountySite Related Entities; (ii) use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to BountySite and/or BountySite Related Entities; (iii) make any false, misleading or disparaging representations or statements with respect to BountySite and/or BountySite Related Entities; (iv) copy, resemble or mirror the look and feel of BountySite's websites or Services or otherwise misrepresent Partner's affiliation with BountySite and/or BountySite Related Entities; or (v) engage in any other practices which may adversely affect the credibility or reputation of BountySite and/or BountySite Related Entities, including but not limited to, sending email communications or using any Website in any manner, or having any content on any Website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to BountySite or the Partner's services, (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, and/or any illegal or objectionable activities, or (c) violates any intellectual property or other proprietary rights of any third party; or (d) violates BoutySite Terms of Service Agreement.
2.5 In addition to, and without limiting the provisions of this Agreement, Partner shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
2.6 Partner shall promptly inform BountySite of any information known to Partner that could reasonably lead to a claim, demand or liability of or against BountySite and/or the BountySite Related Entities by any third party.
2.7 To become a Partner, Partner must create a Partner Account by providing all information indicated as required. BountySite may reject an application for a Partner Account for any reason, in its sole discretion. Partner acknowledges that BountySite will use the email address provided by Partner as the primary method for communication. Partner is responsible for keeping its Partner Account password secure. BountySite cannot and will not be liable for any loss or damage arising from Partner's failure to maintain the security of the Partner Account and password.
2.8 Partner shall not purchase or register search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the BountySite or any variations or misspellings thereof that may be deceptively or confusingly similar to the BountySite name.
2.9 Partner can provision Backup Services within their own premises for added security and speed. In such cases, the storage servers are provided by the Partner to install and provision BountySite Backup Services. Partner agrees that Partner's employee or agent concerning the setup of server, will not install malware or any spyware or deploy any kind of reverse engineering tool to decipher BountySite's code design and architecture(hereinafter "Intellectual Property". Partner agrees that failure to comply this clause will lead to legal prosecution.
3.1 Partner can bill its Customer on any billing cycle(hereinafter "Tenure") at its sole discretion. Partner agrees that BountySite is always notified about the price/Tenure changes at which it sells BountySite Services to its Customers, before selling any Service. Details of Service Name, Selling price, BountySite share, Tenure has to be documented and mutually signed, before Partner can sell Services to its Customers.
3.2 Partner hereby agrees to pay BountySite subscription fees of 149.00 USD and monthly Customer usage charges, as mentioned on Website, summed together as monthly Invoice(hereinafter "Invoice"). Partner agrees that such Invoices, will be paid within 10th of every month. In cases of discrepancies found in the usage charges in invoice, the billing will be adjusted, in accordance with both parties, in the next month Invoice. Invoice details are available within Partner Account
3.3 Partner can decide on prices for Backup_Sync and Backup related Services, and keep revenue share as mutally decided and agreed upon. Other Services, have no revenue share.
3.4 BountySite can add third-party payment processors (the "Payment Processors"), any time from time to time, to bill you through a payment account linked to your Account. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. BountySite is not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay BountySite, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize BountySite, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. BountySite reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You agree that BountySite entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service. BountySite and its partners shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of Services. BountySite will disclaim any and all loss or liability resulting from, but not limited to: (i) irrecoverable loss of backup data; (ii) loss or liability resulting from acts of God; (iii) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (iv) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services provided under this Agreement. You agree that we will not be liable for any loss, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred(500.00) US dollars.
BountySite and Partner reserves the right, in sole discretion, to terminate this Agreement at any time, with prior notice of 30 days, and mutual written consent. In cases, where Partner has terminated the Agreement, Partner agrees to transfer all its Customers to BountySite directly, and by paying BountySite all dues paid by Customers, to ensure continued availability of the Service, for the Tenure Customer has already paid for.
We provide all our Services on an as is basis and do not make any warranty of any kind whatsoever express or implied including but not limited to warranties of merchantability, fitness or any special use, non-infringement, accuracy of information and any said condition. Further, we make no warranties that our Services will meet your requirements or will be error free, uninterrupted or guarantee any results or that any defects will be made correct.
These Terms of Service will be governed by the laws of state of Tamil Nadu, India. Any dispute or proceeding brought in relation to these Terms of Service shall be brought in Madras High Court
If any of the provisions of this Agreement is found to be unenforceable, the remaining provisions will remain in effect and enforceable to effect to your and BountySite's intent.