Affiliate Terms of Service
THIS AGREEMENT (the “Agreement”) is made by and between MSPStream Inc.
DBA RhemaCRM, (“we” or “RhemaCRM”) and between you (“Channel Partner” or
“you”). By applying to be a Channel Partner in the RhemaCRM Channel
Partner Program (“Program”) you are agreeing to be bound by the
following terms and conditions (“Terms of Service”).
Term of the Agreement and Program
THIS AGREEMENT (the “Agreement”) is made by and between RhemaCRM (“we” or “RhemaCRM”) and between you (“Channel Partner” or “you”). By applying to be a Channel Partner in the RhemaCRM Channel Partner Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Channel Partner application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links and other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. RhemaCRM reserves the right to end the Program at any time. Upon program termination, RhemaCRM will pay any outstanding earnings accrued above $100.
Affiliate Channel Partner Program Descriptions and Duties
The affiliate program is designed for individuals and entities that wish to promote the RhemaCRM service and receive recurring fees for customers that sign up. Using this program is simple. You promote the service through a unique URL and we handle the rest. We bill the customer, manage their online backup service, and handle support.
No Spam or Spyware
As a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws. You agree that you will not use spyware or adware to drive traffic. We reserve the right to research and investigate Channel Partners and their activities and, at our own discretion, determine whether or not these practices are in place. Channel Partners found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available fees, fee schedules, payment procedures and program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Limitations of Liability
IN NO EVENT SHALL RHEMACRM BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY UNDER THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TOTAL FEES PAID OR OWED TO CHANNEL PARTNER IN THE TWELVE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
RHEMACRM MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN ADDITION, RHEMACRM MAKES NO REPRESENTATION THAT THE OPERATION OF ITS SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND RHEMACRM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in [city] and shall proceed in accordance with the provisions of the Arbitration Act (province). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
This Agreement will be governed by the laws of the Canada and the Province of Ontario, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The Terms of Service constitutes the entire agreement between you and RhemaCRM and govern your use of the Service, superseding any prior agreements between you and RhemaCRM (including, but not limited to, any prior versions of the Terms of Service)